1. This Bill
amends the Acts Interpretation Act 1901 (‘Acts
Interpretation Act’), an important Commonwealth Act that
provides general rules for interpreting all Commonwealth
legislation. As Australia’s first Attorney-General,
Alfred Deakin, said on the second reading of the Acts
Interpretation Bill on 6 June 1901, the Act:

is a
measure providing for the simplification of the language of Acts of
Parliament and the shortening of their terminology. It
constitutes in a sense a legal dictionary, particular meanings
being assigned by it to particular phrases, which must be used over
and over again in almost every Act of Parliament.

2. The Bill
progresses the implementation of the clearer laws elements of the
Government’s Strategic Framework for Access to Justice in
the Federal Civil Justice System . The amendments address
the useability and readability of the Acts Interpretation Act,
resulting in clearer legislation and appropriately co-located
provisions. While the Acts Interpretation Act has been
subject to numerous amendments since 1901, this is the first time
the Act has been comprehensively amended to address concerns
regarding its structure, application to modern technology and
language.

3. The Bill
also implements recommendations made following past reviews of the
Acts Interpretation Act.

4. In 1993
the House of Representatives Standing Committee on Legal and
Constitutional Affairs published a report on the drafting of
Commonwealth legislation titled Clearer Commonwealth
Law . One of the Committee’s recommendations was
that the Attorney-General’s Department and the Office
of Parliamentary Counsel should publicly review and rewrite the
Acts Interpretation Act (see
recommendation 22).

5. In
response, the Attorney-General’s Department and the Office of
Parliamentary Counsel jointly issued a discussion paper entitled
Review of the Commonwealth Acts Interpretation Act 1901 in
1998. Following consultation on the discussion paper, a
number of recommendations were made about how to improve the
useability and readability of the Acts Interpretation
Act.

6. In
summary, the Bill improves the structure of the Acts Interpretation
Act by:

· co-locating
the definitions which are currently scattered throughout the Act,
and

· co-locating
other provisions that are currently not in a logical
order.

7. The Bill
also contains a number of substantive amendments. For
example:

· ensuring
that powers in relation to instruments apply to all types of
instruments (contrary to some judicial interpretation that suggests
they only apply to instruments of a legislative
character)

· allowing
section 19B and 19BA Orders to apply retrospectively (these Orders
update references in legislation to a particular Minister,
Department or Secretary of a Department so that they can be read
consistently with responsibilities as allocated under the
Administrative Arrangements Order)

· providing
that an action by a Minister other than the Minister who is
authorised to perform that action is not invalid merely on that
basis

· providing
that anything done by or in relation to a person purporting to act
under an appointment (including an acting appointment) is not
invalid merely because the occasion for the appointment had not
arisen, there was a defect or irregularity in connection with the
appointment, the appointment had ceased to have effect or, in the
case of acting appointments, the occasion to act had not arisen or
had ceased, and

· specifying
that everything in an Act as enacted by the Parliament should be
considered part of an Act.

8. Concepts
in the original Act are being modernised so that it can continue to
be relevant into the 21 st century. For
example:

3. Subclause
2(1) provides that each provision of the Act specified in column 1
of the table set out in the subclause commences, or is taken to
have commenced, in accordance with column 2 of the table. Any other
statement in column 2 has effect according to its terms.

4. The note
at the end of the table explains that the table relates only to the
provisions of the Act as originally enacted. The table will not be
amended to deal with any later amendments of the Act.

5. Subclause
2(2) provides that any information in column 3 of the table is not
part of the Act. It also clarifies that information may be inserted
in column 3, or information in it may be edited, in any published
version of the Act.

6. The items
in Schedules 1 and 3 of the Bill commence either on proclamation,
or if a proclamation is not made earlier, six months after the Act
receives Royal Assent. The delay is to allow time for
consequential amendments to be made to regulations and other
legislative instruments.

7. Similarly,
the majority of amendments made in Schedule 2 also commence at this
time. However, the provisions listed in table items 4, 6, and
9 commence at the later of the commencement of the Schedule 1
amendments or the commencement of particular Acts specified in
these table items. This is because these amendments are
dependent on the commencement of amendments being made to the
particular Acts. If the amendments proposed to the particular
Acts do not commence, the related amendments in Schedule 2 do not
occur.

8. The
provisions listed in table items 8 and 10 also commence at the same
time as the Schedule 1 amendments. However, these amendments
will not be required if the amendments to the particular Acts
specified in these table items commence at or before that
time.

Clause 3
- Schedule(s)

9. This
clause provides that the Schedules to the Bill will amend the Acts
set out in those Schedules in accordance with the provisions set
out in each Schedule.

SCHEDULE 1
- MAIN AMENDMENTS

Acts
Interpretation Act 1901

Item 1
- Part I (heading)

1. Item 1
simply removes the Roman numeral from the first part of the Acts
Interpretation Act, titled ‘Preliminary’, as the
numbering of all parts of the Acts Interpretation Act is being
updated to Arabic numbering to reflect current drafting
practice.

Item 2
- After section 1

2. Item 2
inserts a simplified outline of the Acts Interpretation Act.
The outline will assist readers to understand the purpose and
structure of the Act, and to more easily navigate through the Act
to find relevant provisions.

Item 3
- Section 2

3. Item 3
replaces the existing text of section 2, which deals with the
application of the Acts Interpretation Act. The new wording
of section 2 will make it clear that the Acts Interpretation Act
applies to all Commonwealth Acts, except in situations where there
is a contrary intention in another Act.

4. This
general ‘contrary intention’ provision qualifies all
relevant provisions of the Acts Interpretation Act. As a
result, there are a number of consequential amendments throughout
this Bill which remove references to ‘contrary
intention’ in other provisions in the Acts Interpretation Act
(see for example items 14 and 17).

5. The Acts
Interpretation Act is an Act of general application; however there
are circumstances where other Commonwealth Acts will need to depart
from the position outlined in the Acts Interpretation Act.
Where other Acts do so, this shows a contrary intention and the
relevant provision in the Acts Interpretation Act will not apply to
the extent of that contrary intention.

6. Item 3
includes a note to subsection 2(1) to remind readers that the Acts
Interpretation Act also applies to legislative instruments by
operation of subsection 13(1) of the Legislative Instruments Act
2003 , and instruments which are neither legislative instruments
for the purposes of the Legislative Instruments Act nor a rule of
court by operation of subsection 46(1) of the Acts
Interpretation Act.

7. Item 3
also removes existing subsection 2(2) of the Acts Interpretation
Act (about binding the Crown) and moves this into a separate
section 2A. The new wording is that ‘this Act binds the
Crown in each of its capacities’, which is consistent with
the Office of Parliamentary Counsel’s drafting
direction. This has the effect of binding the executive
government of the Commonwealth, and of the Australian Capital
Territory, of the Northern Territory and of Norfolk Island, and, to
the extent relevant, of each of the States.

Item 4
- After Part I

Part 2
- Definitions

2B
Definitions

8. Item 4
inserts a new Part 2 in the Acts Interpretation Act containing
definitions that are useful for interpreting other Commonwealth
legislation. The majority of the definitions are already in
the Act, but the definitions have been consolidated and placed in
alphabetical order so they are easier for readers to find.
Six definitions have been amended and a number of new definitions
have been added by the Bill.

9. The
following definitions have been relocated within the Act without
being substantively amended (in some
instances the word ‘the’ has been removed from the
start of the definition, but this does not change the operation of
the definition).

· land (from
section 22 - note that the word ‘and’ has been
omitted from before the word ‘whatever’ as it is not
required. The word ‘therein’ has also been
replaced with ‘in them’)

· Northern
Territory (from
section 17)

· oath (from
paragraph 27(b))

· Parliament (from
section 17)

· prescribed (from
section 17)

· Proclamation (from
section 17)

· record (from
section 25)

· regulations (from
section 17)

· seat of
Government (from
section 17)

· SES
employee (from
section 17AA)

· State (from
section 17)

· statutory
declaration (from
section 27)

· swear (from
section 27)

· United
Kingdom (from
section 18)

· writing (from
section 25).

10. The
following definitions have been substantively amended by the
Bill.

11. Calendar
month is
currently defined in section 22 as ‘a period commencing at
the beginning of a day of one of the 12 months of the year and
ending immediately before the beginning of the corresponding day of
the next month or, if there is no such corresponding day, ending at
the expiration of the next month’. This definition has
been replicated at section 2G for the definition of
month . As a consequence, the definition of calendar
month is being simplified in accordance with plain English drafting
to ‘one of the 12 months of the year’. This
accords with contemporary understanding of the meaning of calendar
month.

12. The
current definition of court of summary jurisdiction
in section 26 is cumbersome and includes elements that do not
reflect the current formulation/operation of Australian
Courts. For example, there are no Commonwealth courts of
summary jurisdiction and there are no Imperial Acts in force in
Australia relevant in this context. The Bill amends (and
simplifies) the definition to reflect the status quo by providing
that this type of court ‘means any justice of the peace, or
magistrate of a State or Territory, sitting as a court of summary
jurisdiction’.

13. The
definition of document (currently found in
section 25) is amended to insert a new paragraph (d) so the
definition of document includes ‘a map, plan,
drawing or photograph’ . Under the current
definition, there is an apparent inconsistency between paragraphs
(a) and (b), and paragraph (c). The former paragraphs appear
to exclude photographs and other images, whereas the latter appears
broad enough to capture these where they are contained on
electronic media but not on paper.

14. It is not
intended that ‘document’ would have a restricted
meaning when used in Commonwealth law. The amendments to this
definition resolve this anomaly by broadening the definition to
clearly include ‘a map, plan, drawing or
photograph’. It is intended that other forms of
information, such as books or graphs, could also be covered.
The definition is consistent with the current definition of
‘document’ contained in the Evidence
Act 1995 (see the Dictionary in that Act). The
amendment is also consistent with more modern Interpretation Acts,
for example, section 38 of the Victorian Interpretation of
Legislation Act 1984 .

15. Gazette is
currently defined in section 17 as ‘the Commonwealth of Australia Gazette , and
includes the Australian Government Gazette published during
the period commencing 1 July 1973 and ending immediately
before the commencement of subsection 5(2) of the Acts
Interpretation Amendment Act 1976 ’. Given the
length of time since publication of the Australian Government Gazette ceased, the
Bill amends (and simplifies) the definition to reflect the
post-1976 position of ‘the Commonwealth of Australia
Gazette ’.

16. Section 17
of the Acts Interpretation Act currently provides a definition of
Minister or Minister of State as
meaning ‘one of the King’s Ministers of State for the
Commonwealth’. The reference to the Sovereign in this
definition is unnecessary. It is clear that ‘Ministers
of State for the Commonwealth’ are Ministers appointed by the
Governor-General to administer departments of State of the
Commonwealth under section 64 of the Constitution. While that
section states that such officers ‘shall be the Kings/Queens
Ministers of State for the Commonwealth’ they are referred to
elsewhere in the Constitution as simply ‘Ministers of
State’ (see for example sections 65 and 66).

17. Territory,
Territory of the Commonwealth, Territory under the authority of the
Commonwealth or Territory of Australia is
currently defined in section 17 to include ‘a Territory
administered by the Commonwealth under a Trusteeship
Agreement’. As Australia no longer administers any
Territories under a Trusteeship Agreement, this part of the
definition is considered to be unnecessary and can be removed
without creating adverse effects. Where it is necessary in
individual Acts to make provision in relation to Territories
formerly administered by the Commonwealth under a Trusteeship
Agreement this can continue to be done expressly in that particular
Act.

18. The Bill
also inserts the following new definitions.

19. Australian
citizen is
specified to have the same meaning as in the Australian
Citizenship Act 2007, which can currently be found in section 4
of that Act (the new definition is intended to pick up both s 4(1)
and (2) of the current definition in the Australian Citizenship
Act 2007 ). The term Australian citizen is
used in numerous Commonwealth Acts without being defined. For
example, the Bankruptcy Act 1966 and Telecommunications
(Interception and Access) Act 1979 . This amendment
ensures that the term is given a consistent and contemporary
meaning across Commonwealth law.

20. Business
day is defined
as ‘a day that is not a Saturday, a Sunday or a public
holiday in the place concerned’. There are over 200
references to ‘business day’ in Commonwealth
legislation, many with differing definitions. The Acts
Interpretation Act is a logical repository for this definition and
will ensure that it can be applied consistently across the statute
book.

21. Contiguous
zone has the
same meaning as in the Seas and Submerged Lands
Act 1973 . That Act provides that ‘contiguous
zone’ has the same meaning as in Article 33 of the United
Nations Convention on the Law of the Sea done at Montego Bay on
10 December 1982, which can be found in the Schedule to the
Seas and Submerged Lands Act and provides:

1. In a
zone contiguous to its territorial sea, described as the contiguous
zone, the coastal State may exercise the control necessary
to:

(a)
prevent infringement of its customs, fiscal, immigration or
sanitary laws and regulations within its territory or territorial
sea;

(b)
punish infringement of the above laws and regulations committed
within its territory or territorial sea.

2. The
contiguous zone may not extend beyond 24 nautical miles from the
baselines from which the breadth of the territorial sea is
measured.

22. The term
‘contiguous zone’ is used in the Migration Act
1958 and the Customs Act 1901 where it is also
defined by reference to the Seas and Submerged Lands Act.
Including this definition in the Acts Interpretation Act avoids the
need for it to be repeated in other legislation as well as ensuring
consistency. The inclusion of this definition fits well with
existing Acts Interpretation Act provisions defining
‘Australia’ and ‘coastal sea’ and the new
definitions of ‘continental shelf’, ‘exclusive
economic zone’ and ‘territorial sea’ inserted by
this Bill.

23. Continental
shelf has the same meaning as in the Seas and Submerged
Lands Act 1973. That Act provides that
‘continental shelf’ has the same meaning as in
paragraph 1 of Article 76 of the United Nations Convention on the
Law of the Sea done at Montego Bay on 10 December 1982, which
can be found in the Schedule to the Seas and Submerged Lands Act
and provides:

1.
The continental shelf of a coastal State comprises the
sea-bed and subsoil of the submarine areas that extend beyond
its territorial sea throughout
the natural prolongation of its land territory to the outer edge of
the continental margin, or to a distance of 200 nautical miles from
the baselines from which the breadth of the territorial sea is
measured where the outer edge of the continental margin does not
extend up to that distance.

2. The
continental shelf of a coastal State shall not extend beyond the
limits provided for in paragraphs 4 to 6.

3. The
continental margin comprises the submerged prolongation of the land
mass of the coastal State, and consists of the sea-bed and
subsoil of the shelf, the slope and the rise. It does not include
the deep ocean floor with its oceanic ridges or the subsoil
thereof.

4.
(a) For the purposes of this Convention, the coastal State
shall establish the outer edge of the continental margin wherever
the margin extends beyond 200 nautical miles from the baselines
from which the breadth of the territorial sea is measured, by
either:

(i) a
line delineated in accordance with paragraph 7 by reference to the
outermost fixed points at each of which the thickness of
sedimentary rocks is at least 1 per cent of the shortest distance
from such point to the foot of the continental slope; or

(ii) a
line delineated in accordance with paragraph 7 by reference to
fixed points not more than 60 nautical miles from the foot of the
continental slope.

(b)
In the absence of evidence to the contrary, the foot of the
continental slope shall be determined as the point of maximum
change in the gradient at its base.

5. The
fixed points comprising the line of the outer limits of the
continental shelf on the sea-bed, drawn in accordance with
paragraph 4(a)(i) and (ii), either shall not exceed 350 nautical
miles from the baselines from which the breadth of the territorial
sea is measured or shall not exceed 100 nautical miles from the
2,500 metre isobath, which is a line connecting the depth of 2,500
metres.

6.
Notwithstanding the provisions of paragraph 5, on submarine ridges,
the outer limit of the continental shelf shall not exceed 350
nautical miles from the baselines from which the breadth of the
territorial sea is measured. This paragraph does not apply to
submarine elevations that are natural components of the continental
margin, such as its plateaux, rises, caps, banks and
spurs.

7. The
coastal State shall delineate the outer limits of its continental
shelf, where that shelf extends beyond 200 nautical miles from the
baselines from which the breadth of the territorial sea is
measured, by straight lines not exceeding 60 nautical miles in
length, connecting fixed points, defined by co-ordinates of
latitude and longitude.

8.
Information on the limits of the continental shelf beyond 200
nautical miles from the baselines from which the breadth of the
territorial sea is measured shall be submitted by the coastal State
to the Commission on the Limits of the
Continental
Shelf set up under Annex II on
the basis of equitable geographical representation. The Commission
shall make recommendations to coastal States on matters related to
the establishment of the outer limits of their
continental
shelf . The limits of the shelf
established by a coastal State on the basis of these
recommendations shall be final and binding.

9. The
coastal State shall deposit with the Secretary-General of the
United Nations charts and relevant information, including geodetic
data, permanently describing the outer limits of its continental
shelf. The Secretary-General shall give due publicity
thereto.

10. The
provisions of this article are without prejudice to the question of
delimitation of the continental shelf between States with opposite
or adjacent coasts.

24. The term
‘continental shelf’ is referred to in a diverse array
of Commonwealth legislation. Given the importance of the term
and its relationship to concepts such as ‘Australia’
and ‘coastal sea’, it is appropriate to include a
cross-reference in the Acts Interpretation Act to the Seas and
Submerged Lands Act definition.

25. It makes
sense for the definition to remain co-located with the relevant
provisions of the Convention in the schedule to the Seas and
Submerged Lands Act. However, including a cross-reference in
the Acts Interpretation Act will make it easier for users of
Commonwealth legislation that includes this term to find its
definition, avoid the need for the definition to be repeated in
other legislation as well as ensuring consistency.

26. Exclusive
economic zone has the
same meaning as in the Seas and Submerged Lands Act
1973 . That Act provides that ‘exclusive economic
zone’ has the same meaning as in Articles 55 and 57 of the
United Nations Convention on the Law of the Sea done at Montego Bay
on 10 December 1982, which can be found in the Schedule to the
Seas and Submerged Lands Act. Article 55 provides:

The
exclusive economic
zone is an area beyond and
adjacent to the territorial sea, subject to the specific legal
regime established in this Part, under which the rights and
jurisdiction of the coastal State and the rights and freedoms of
other States are governed by the relevant provisions of this
Convention.

27. Article 57
provides that ‘the
exclusive economic
zone shall not
extend beyond 200 nautical miles from the baselines from which the
breadth of the territorial sea is measured’.

28. This is a
term that is used in a wide variety of Commonwealth
legislation. For example, in the Environment Protection
and Biodiversity Conservation Act 1989 and the Fisheries
Management Act 1991 . Including this definition in the
Acts Interpretation Act avoids the need for it to be repeated in
other legislation as well as ensuring consistency.

29. Insolvent
under administration has the
same meaning as in the Corporations Act 2001 .
This outlines a range of scenarios, such as where a person is
bankrupt under the Bankruptcy Act 1966 or a law of an
external Territory. While the Corporations Act definition has
been relied on in other legislation, such as section 10B of the
Social Security Act 1991, there are a number of other Acts
in which this term is undefined or has a stand-alone definition
(see for example section 4 of the Customs Act 1901 ).
The differences between the definitions are generally minor and
some of the stand-alone definitions are the same as each
other. A cross-reference to the Corporations Act definition
in the Acts Interpretation Act will reduce the likelihood of
further definitions and ensure consistency for undefined and new
uses of this term.

30. Modifications is defined
as ‘in relation to a law, includes additions, omissions and
substitutions.’ This definition is being included to
support references to ‘modifications’ in other
Commonwealth legislation. For example, provisions that allow
regulations or other instruments to modify provisions of an Act in
certain circumstances.

31. Penalty
unit has the
same meaning as in section 4AA of the Crimes
Act 1914 . This is a term widely used in Commonwealth
legislation for both criminal and civil penalties and it will
assist readers to find the meaning if it is cross-referenced in the
Acts Interpretation Act.

32. There are
currently numerous references to ‘Standards Association of
Australia’ and ‘Standards Australia International
Limited’ in Commonwealth legislation. However, there is
only one ‘Standards Australia’ and standards series
being referred to in each case. The Bill introduces a new
definition of Standards Australia to provide clarity
on this and reduce future proliferation of inconsistent provisions
dealing with Australian Standards. The consequential
amendments to this Bill will replace, where appropriate, existing
references to ‘Standards Association of Australia’ and
‘Standards Australia International Limited’ with
references to ‘Standards Australia’.

33. Territorial
sea has the
same meaning as in the Seas and Submerged Lands Act
1973 . That Act provides that ‘territorial
sea’ has the same meaning as in Articles 3 and 4 of the
United Nations Convention on the Law of the Sea done at Montego Bay
on 10 December 1982 which can be found in the Schedule to
the Seas and Submerged Lands Act. Article 3 provides that
‘every State has the right to establish the breadth of its
territorial sea up to a limit not exceeding 12 nautical miles,
measured from baselines determined in accordance with this
Convention’. Article 4 provides that ‘the outer
limit of the territorial sea is the line every point of which is at
a distance from the nearest point of the baseline equal to the
breadth of the territorial sea’.

34. The term
‘territorial sea’ is used in a wide variety of
Commonwealth legislation and is complementary to existing section
15B of the Acts Interpretation Act which deals with the application
of Acts in the coastal sea, as well as the new definitions of
‘continental shelf’ and ‘contiguous zone’
being introduced by this Bill. Including this definition in
the Acts Interpretation Act avoids the need for it to be repeated
in other legislation as well as ensuring consistency.

Other
definitions and rules of interpretation

35. New
section 2B provides cross-references to definitions in Part 2
that are dealt with in separate sections. For example, new
section 2C deals with references to persons, therefore readers
looking for a definition of ‘person’ in section 2B are
referred to section 2C.

36. There are
also rules of interpretation contained in the Acts Interpretation
Act that were not appropriate to move to the new part containing
definitions. These rules, as with all definitions in Part 2,
apply to all Commonwealth legislation; therefore they have been
cross-referenced in section 2B (for example, readers that
look for a definition of ‘Governor-General’ in
section 2B are referred to section 16A which deals with references
to the Governor-General in Commonwealth legislation).

37. There are
also some definitions which have been kept in the section where
they are currently found because they only apply to that particular
section of the Acts Interpretation Act (see for example the
definition of office and officer in
section 21 and the definition of office in subsection
33A(2)), and do not have general application across all
Commonwealth legislation.

2C
References to persons

38. The text
of this provision has been taken from existing paragraph 22(1)(a)
and subsection 22(2). This text is being moved as it relates
to interpretation of expressions used to denote persons, companies,
corporations or bodies corporate and is best located within new
Part 2 of the Acts Interpretation Act. The meaning has
not been changed.

2D
References to de facto partners

39. The text
of this provision has been taken from existing section 22A.
The text is being moved as it relates to interpretation of the term
de facto partner , however the meaning has not been
changed.

42. Section 22
of the Acts Interpretation Act currently defines calendar
month . The new provision defining month
expands on this existing section 22 definition to make it clear how
to measure a period of two or more months. The new provision
provides greater legal certainty on interpreting the term
‘month’ in Commonwealth legislation. See
paragraph 22 above for an outline of the amended definition of
‘calendar month’.

2H
References to law of the Commonwealth

43. The text
of this provision has been taken from existing subsection
22(3). The text is being moved as it relates to
interpretation of the phrase law of the Commonwealth ,
however the meaning has not been changed.

44. The phrase
‘unless the contrary intention appears’ has been
deleted due to the amendments made to section 2 by
item 3.

46. The text
of this provision has been taken from existing section 28.
The text is being moved as it relates to the interpretation of the
term rules of court , however the meaning has not been
changed.

47. The phrase
‘unless the contrary intention appears’ has been
deleted due to the amendments made to section 2 by item
3.

2L
References to Australian Standards

48. This new
section clarifies references to Australian Standards publication of
standard numbers. See paragraph 43 above for an explanation
of the new definition of ‘Standards
Australia’.

Item 5
- Part II (heading)

49. Item 5
updates the heading of what is currently ‘Part II
Commencement of Acts’ to re-number it Part 3 due to the
insertion of the new Part 2 containing definitions (see item 4) and
removes the Roman numeral as the numbering of all parts of the Act
is being updated to Arabic numbering to reflect current drafting
practice.

Item 6
- Subsection 3(1)

50. Item 6
repeals subsection 3(1) as this deals with the definition of
commencement which has been moved to the new
‘Part 2 Definitions’ inserted by this Bill (see item
4). The heading of section 3 is being changed from
‘ Meaning of commencement ’ to
‘ When Acts come into operation ’ as the remaining
subsection (subsection 3(2)) deals with this.

Item 7
- Subsection 3(2)

51. Subsection
3(2) deals with the commencement of Acts. The wording of the
introductory sentence is being changed so that instead of referring
to Acts and instruments made under an Act, it only specifies
commencement for an Act or a provision of an Act.

52. This
commencement provision would still apply to non-legislative
instruments made under an Act by virtue of the rule in subsection
46(1) of the Acts Interpretation Act. Subsection 46(1)
provides that the Acts Interpretation Act applies to a
non-legislative instrument made under an Act as if it was an Act
and as if each provision were a section of an Act (an equivalent
provision for legislative instruments exists in subsection 13(1) of
the Legislative Instruments Act 2003 ).

53. Item 7
also removes the subsection numbering from section 3. It is
no longer required as the content of subsection 3(1) is being moved
to ‘Part 2 Definitions’ (see items 4 and
6).

Item 8
- After section 3

54. A new
section 3A is being added which will replace existing section 5 of
the Act (section 5 is repealed by item 10). This section
logically follows section 3, as it deals with the commencement of
Acts.

55. Section 3A
contains no equivalent to existing subsection 5(1). This
subsection provided for Acts that received Royal Assent on or
before 31 December 1937. It will rarely, if ever,
be necessary to refer to this subsection. Removal of this
provision will make the position clearer and ensure that greater
emphasis is placed on the current default
rule.

56. New
section 3A provides that the section does not apply to an Act that
contains commencement provisions. The current drafting
practice is to specifically provide for the commencement of
Acts.

57. However,
in a case where an Act does not specify when it commences, the Acts
Interpretation Act provides that it will commence on the
28 th day after it receives Royal Assent. This
provision operates in the same way as the existing subsection
5(1A).

58. Where
an Act is amending the Constitution, it commences on the day of
Royal Assent. This is consistent with the existing subsection
5(1B).

59. Section 60
of the Constitution provides that a law reserved for the
Queen’s pleasure has no effect unless the Queen’s
assent is made and known and existing subsection 5(2) provides that
such a law comes into operation on the day the assent is proclaimed
in the Gazette . In accordance with current drafting
practice, any law reserved for the Queen’s pleasure will
provide for its own commencement and it is unnecessary to include a
specific rule in the Acts Interpretation Act for this
occurrence.

Item 9
- Section 4

60. Item 9
re-writes section 4 which deals with the exercise of certain powers
between passing and commencement of an Act. Currently
section 4 contains the phrase ‘comes into
operation’ which is not defined in the Acts Interpretation
Act. These words are being replaced with
‘commence’ as ‘commencement’ is a term that
is defined in existing subsection 3(1) of the Act (this
definition is being moved to new section 2B by item 4 of
this Bill). Existing subsection 3(2) makes it clear that the
terms ‘come into operation’ and ‘commence’
are intended to be used interchangeably.

61. The
term ‘come into operation’ was considered in the case
of Alexandra Private Geriatric Hospitals Pty Ltd v Blewett
(1984) 56 ALR 265 and was held to mean ‘ had commenced as a
matter of law’. To enhance the internal coherency and
clarity of the Acts Interpretation Act, the phrase ‘come into
operation’ has been removed from the Acts Interpretation Act
(where appropriate) and replaced with the term
‘commence’ wherever appearing.

62. Item 9
inserts a new subsection 4(4) to clarify that the exercise of a
power under subsection 4(2) (which concerns the exercise of power
between the passing and commencement of an Act) does not confer a
power or right or impose an obligation except in the limited
circumstances listed in new subsection 4(4). These
circumstances are ‘bringing the appointment or instrument
into effect’, or ‘bringing the Act concerned into
operation’, or ‘making the Act concerned or the other
Act as amended fully effective at or after the commencement of the
Act concerned’. This provides some administrative
flexibility, but ensures that no substantive matters occur until
after commencement.

63. This
provision is consistent with section 13 of the Victorian
Interpretation of Legislation Act 1984 and section 25
of the Western Australian Interpretation Act
1984 .

64. Existing
subsection 4(3), which deals with when an Act commences on a date
fixed by Proclamation, has not been included in new section
4. This is because current drafting practice is for
commencement provisions in Acts to commence on Royal Assent where
the rest of the Act commences by Proclamation, so this subsection
is no longer required.

65. Existing
subsection 4(6), which deals with the application of the section to
instruments of legislative character, has also not been included in
new section 4. This is because subsection 13(1) of the
Legislative Instruments Act 2003 says that the Acts
Interpretation Act applies to any legislative instruments as if it
were an Act.

Item 10
- Section 5

66. Item 10
repeals section 5 because a new section on commencement replacing
section 5 is being added by item 8.

Item 11
- Section 6

67. Section 6
refers to the ‘King’s assent’. As Australia
currently has a Queen, rather than a King, and to avoid the need to
update this section any time this changes in the future, the
provision is being amended to refer to the ‘Sovereign’s
assent’. Pursuant to section 16 of the Acts
Interpretation Act (which deals with the interpretation of
references to the Sovereign in Acts), this will be interpreted as a
reference to the Sovereign at the time.

68. The
heading to section 6 is being altered by removing the reference to
proclamations as the section only deals with
assent.

Item 12
- Part III (heading)

69. The
heading for Part III is being changed from ‘Repeal and
expiration of Acts’ to ‘Part 4 - Amendment,
repeal and expiry of Acts.’ Item 13 inserts a new
provision about the effect of repeal or amendment of an Act,
therefore the new heading provides a better description of the
content of Part 4 of the Act.

70. The third
part of the Act becomes the fourth due to the insertion of the new
Part 2 dealing with definitions (see item 4) and the Roman
numeral is removed as the numbering of all parts of the Act is
being updated to Arabic numbering to reflect current drafting
practice.

Item 13
- Sections 7 to 9

71. Sections
7 to 9 are being repealed and replaced by a new provision dealing
with the effect of repeal or amendment of Acts that is drafted in a
way that is easier for the reader to understand. The section
does not depart from the existing operation of sections 7 to
8C.

New
subsection 7(1) has the same effect as existing section 7 of the
Acts Interpretation Act.

New
subsection 7(2) has the same effect as existing section 8 of the
Acts Interpretation Act. However, it is recast so that the
specified consequences of repeal are clearly expressed to apply to
both repeal and amendment. The definition of implied repeals
in existing section 8A was intended to encompass amendments that
are equivalent in their effect to repeal. The direct
inclusion of amendments in new subsection 7(2) is likely to be more
easily understood by readers than a reference to implied
repeal.

New
subsection 7(3) has the same effect as existing sections 8A and 8B
of the Acts Interpretation Act.

New
subsection 7(4) has the same effect as existing section 8C of the
Acts Interpretation Act.

72. The new
section 7 makes it clear that repeal of an amending Act does not
affect the operation of any amendments already made by that
Act.

73. Existing
section 9, which deals with repealed Acts being in force until
substituted provisions operate, is being repealed because it is
redundant. Current drafting practice is to always make it
clear when repealed provisions cease to have effect.
Therefore there should never be any doubt about the timing of
repeal and substitution.

Item 14
- Section 10

74. This
amendment removes the words ‘unless the contrary intention
appears’ from section 10 due to the amendments made to
section 2 by item 3.

Item 15
- Paragraph 10(b)

75. Item 15
deletes the text in paragraph 10(b) starting at ‘and, where,
in connexion’ through to ‘corresponding
provisions’. Item 16 inserts replacement text into a
new paragraph 10(c).

Item 16
- At the end of section 10

76. Section 10
concerns references to amended or re-enacted Acts. Item 16
inserts a new paragraph 10(c) to replace and extend the text
currently found in paragraph 10(b) (being removed by item
15).

77. A current
limitation of section 10 is that it does not provide for a
situation in which a particular provision or provisions are
repealed and re-enacted, as opposed to an entire Act. For
example, if section 5A of the hypothetical ‘ Pears Act
2005 ’ is re-enacted as section 6, there is no
provision to read a reference to former section 5A as a
reference to the new section 6. This amendment fixes
this problem to ensure the continuation and effectiveness of a
cross-reference to a provision in the same way that
cross-references to Acts are currently provided for.

78. A similar
amendment is being made to section 10A at
item 19.

Item 17
- Section 10A

79. This
amendment removes the words ‘unless the contrary intention
appears’ from section 10A due to the amendments made to
section 2 by item 3.

Item 18
- Paragraph 10A(b)

80. Item 18
deletes the text in paragraph 10A(b) starting at ‘and, where,
in connection’ through to ‘corresponding
provisions’. Item 19 inserts replacement text into a
new paragraph 10A(c).

Item 19
- At the end of section 10A

81. Section
10A concerns references to amended or re-enacted laws of States and
Territories. Item 19 inserts a new paragraph 10A(c) to
replace and extend the text currently found in paragraph 10A(b)
(being removed by item 18).

82. A current
limitation of section 10A is that it does not provide for a
situation in which a particular provision or provisions is repealed
and re-enacted, as opposed to an entire Act. For example, if
section 5A of the hypothetical ‘ Pears Act 2005 ’
is re-enacted as section 6, there is no provision to read a
reference to former section 5A as a reference to the new
section 6. This amendment fixes this problem to ensure
the continuation and effectiveness of a cross-reference to a
provision in the same way that cross-references to Acts are
currently provided for.

83. A similar
amendment is being made to section 10 at
item 16.

Item 20
- Section 11

84. Section
11, which deals with the expiration of an Act, is being repealed
because the new section 7 (see item 13) covers the situation to
which section 11 is directed. Under new subsection 7(2)
expiration of an Act or provision does not affect any legal
proceeding or remedy in respect of any right, privilege,
obligation, liability, penalty, forfeiture or punishment.
Further, any such legal proceeding or remedy may be instituted or
enforced, and any such penalty, forfeiture or punishment imposed as
if the Act had not expired.

85. While
section 11 is technically broader, as a civil proceeding need not
concern a right, privilege, obligation, liability, penalty,
forfeiture or punishment to remain on foot, in practice a legal
proceeding would always concern one of these things. As such,
section 11 is redundant.

86. Item 20
also relocates existing sections 14, 14A and 15 to the end of Part
4. These provisions deal with the amendment of Acts and
logically sit under ‘Part 4 - Amendment, repeal and
expiry of Acts’. Locating these provisions with
sections 10 and 10A will make the provisions easier to find and
understand than in their current location in Part IV (General
provisions) (which is re-named ‘Part 5 - General
interpretation rules’ - see item 21).

88. Item 20
modifies existing section 14A (new section 11A) to provide that
when a new definition is added to an Act, or a new item is added
into an existing list or table in an Act that is organised
alphabetically, in both instances the addition should be made in
alphabetical order (existing section 14A currently provides that
this is the case for definitions, but does not deal with adding
items to a list or table).

89. Finally,
item 20 modifies existing section 15 (new section 11B) to clarify
how the provision is intended to operate for the purposes of
working out the meaning of

(a) terms used
in an amending Act that amends two or more Acts; or

(b) terms that
are used in an amending Act and are defined for only some
provisions (or are defined differently for different provisions) of
the amended Act.

90. New
subsection 11B(2) is intended to clarify that terms used in
non-amending provisions of amending Acts have the same meanings as
in the principal Act. This is particularly relevant where a
single amending Act amends several principal Acts. For
example, suppose item 1 of an amending Schedule amends a provision
of the Criminal Code Act 1995 that defines ‘serious
offence’ and item 2 of the amending Schedule says that the
amendment made by item 1 applies to serious offences committed on
or after commencement. Proposed subsection 11B(2) would mean
that the term ‘serious offence’ can be used in item 2
without definition as it would have the same meaning as in the
provision of the Criminal Code Act 1995 .

Item 21
- Part IV (heading)

91. Item 21
renames what is currently titled ‘Part IV General
provisions’ so it instead becomes ‘Part 5 -
General interpretation rules’. The change to the name
is to better reflect the revised content of the part. The
fourth part of the Act becomes the fifth due to the insertion of
the new Part 2 dealing with definitions (see item 4) and the
Roman numeral is removed as the numbering of all parts of the Act
is being updated to Arabic numbering to reflect current drafting
practice.

Item 22
- Sections 13 to 15

92. Item 22
repeals sections 13 to 15 and inserts a new section 13. Item
20 relocates sections 14, 14A and 15 to Part 4. Section
14B has been repealed.

94. New
section 13 will apply to all Acts from the commencement of the
amendment and will provide all material from and including the
first section of an Act to the end of the last section of the Act
or of the last Schedule to the Act is part of the Act. This
means for example that section headings within the Act (which have
been treated as not forming part of the Act because of existing
subsection 13(3)) will become part of the Act from the commencement
of the amendment. This is unlikely to have the effect that
material that was not included in the text of a Bill presented
before the Commonwealth Parliament will become part of existing
Acts, given that the practice has in fact been to include this
material in the text of the Bill presented to Parliament. Rather,
the effect will simply be that words in Acts which were in the text
of a Bill presented to Parliament will now be treated as part of
the Act.

95. This
change is likely to make little practical difference to the
interpretation of Commonwealth Acts. Currently anything in
the text of an Act can be taken into account in the interpretation
of the Act, even if it does not form part of the Act under existing
subsection 13(3) (see paragraph 15AB(2)(a)). New section
13 will enable section headings and explanatory notes within the
Act, as set out in new section 13, to be used in interpreting
the Act without the need for recourse to section 15AB.

96. New
section 13 would not prescribe how much weight (if any) should be
given to particular material forming part of an Act in interpreting
the Act. Of course, primacy should normally be given to the
substantive provisions of an Act over headings and explanatory
notes in interpreting an Act.

97. When an
Act is published (in electronic or printed form), end notes and
other references or information are often added. This
information is not part of the Act (though it may form part of the
context for interpretation under section 15AB of the Acts
Interpretation Act).

98. Section
14B, which concerns the commencement of paragraphs etc. in amending
Acts, is being repealed. The Office of Parliamentary Counsel
generally include at section 2 and 3 of an amending Bill,
provisions that outline the specific commencement dates for each
provision of an Act (including amendments to items in a Schedule to
an Act). As this covers what is currently achieved by
section 14B, this section is no longer required.

Item 23 -
Section 15AA

99. Section
15AA, which deals with interpretation of Acts, is currently
expressed in absolute terms, ie. a construction that will promote
the purpose of an Act is to be preferred to one that will
not. Section 15AA does not address the situation where
there is a choice between two or more constructions that will
promote Parliament’s purpose.

100. The
limited nature of section 15AA was confirmed by three High Court
judges in a case on the equivalent Victorian provision (see
Chugg v Pacific Dunlop Pty Ltd (1990) 95 ALR 481 at 489,
Dawson, Toohey and Gaudron JJ).

101. Therefore
section 15AA is being amended to provide that a court is to
prefer the construction of an Act that will ‘best
achieve’ the purpose or object of the Act.

Item 24
- Section 15AD

102. Section 15AD
provides that examples in Commonwealth Acts are not exhaustive and
if an example in a Commonwealth Act ‘is inconsistent with the
provision, the provision prevails’. The paragraph about
examples not being exhaustive is being retained (paragraph
15AD(a)), but paragraph 15AD(b) is being amended so that instead of
inconsistent examples being overridden by the provision, examples
will be specified as not exhaustive and also capable of extending
the operation of provisions.

103. If
Parliament has enacted an example in a Commonwealth Act, this shows
an intention that the example should be covered whether or not it
strictly falls within the scope of the provision. However,
the amended provision will state that the example ‘ may
extend the operation of the provision’ so that a court can
assess whether this is in fact appropriate when interpreting a
particular provision that includes an example.

104. The
amendment brings the Acts Interpretation Act in line with more
recent Acts Interpretation Acts in the States and
Territories. For an example of a similar provision, see
subsection 132(1) of the Australian Capital Territory
Legislation Act 2001 .

Item 25
- Subsections 15B(1) to (3)

105. Section
15B of the Acts Interpretation Act is about the application of Acts
in the coastal sea. Subsections (1) to (3) are being
re-written in clearer language (and will become subsections (1),
(2), (3) and (3A)). It is not intended that the effect of
this provision will change.

106. The
heading ‘Definition’ is also being inserted before
subsection 15B(4) as this subsection contains a definition of
‘coastal sea’.

Item 26
- Paragraph 15C(b)

107. This
amendment removes the words ‘except so far as the contrary
intention appears’ from paragraph 15C(b) due to the
amendments made to section 2 by item 3.

Item 27
- Part V (heading)

108. Item 27
removes the heading ‘Part V Words and references in
Acts’. Many of the provisions in this Part have been
relocated to the new Part 2 dealing with definitions (see
item 4). The remaining provisions fit well within the
new title of Part 5, which is ‘General interpretation
rules’.

Item 28
- Section 16

109. This
amendment removes the words ‘unless the contrary intention
appears’ from section 16 due to the amendments made to
section 2 by item 3.

Item 29
- Section 16A

110. This
amendment removes the words ‘unless the contrary intention
appears’ (wherever occurring) from section 16A due to
the amendments made to section 2 by item 3.

Item 30
- Section 16B

111. This
amendment removes the words ‘unless the contrary intention
appears’ from section 16B due to the amendments made to
section 2 by item 3.

Item 31
- Subsection 16C(2)

112. This
amendment removes the words ‘unless the contrary intention
appears’ from subsection 16C(2) due to the amendments made to
section 2 by item 3.

Item 32
- Subsection 16C(3)

113. This
amendment removes the words ‘Unless the contrary intention
appears, a’ from subsection 16C(3) and substitutes these with
‘A’ due to the amendments made to section 2 by item
3.

115. Section 18
is being repealed because the definition of The United
Kingdom has been moved to the new ‘Part 2 -
Definitions’ inserted by this Bill (see item 4) and the
definition of British possession is being moved to
the Crimes Act 1914 , as this term is only used in the Crimes
Act.

Item 34
- Section 18A

116. This
amendment removes the words ‘unless the contrary intention
appears’ from section 18A due to the amendments made to
section 2 by item 3.

118. Item 36
repeals section 18C. Section 18C, concerning Ministerial
authorisation to perform statutory functions or powers, is being
moved to before section 34AA (see item 81) so that it is co-located
with sections 34AA, 34AB and 34A which concern the delegation of
statutory functions or powers.

119. Section
19A deals with when Commonwealth Acts make references to Ministers
and Departments. Item 37 amends paragraph 19A(1)(ab) to make
it clear that where an Act refers to a particular Minister and
there is no longer any such Minister, this is also covered by
subsection 19A(1). In those circumstances, the
reference will be taken, subject to a contrary intention, to be a
reference to the administering Minister (or any one of the
administering Ministers if there is more than one). This will
allow the relevant Minister or Ministers to be determined by
reference to the Administrative Arrangements Order, without the
need for an order to be made under section 19B.

Item 38
- Subsection 19A(1)

120. This
amendment removes the words ‘unless the contrary intention
appears’ from subsection 19A(1) due to the amendments made to
section 2 by item 3.

Item 39
- Subsection 19A(3)

121. Item 39
re-writes subsection 19A(3), which deals with when Commonwealth
Acts makes references to Departments. The revised provision
provides for situations when an Act refers to a particular
Department (in the same way as subsection 19A(1) deals with
references to a particular Minister) and is drafted more
clearly.

122. Particular
Departments (or Ministers) are not generally specified in
legislation, however some specific references will
remain.
The effect of this amendment will be that where legislation refers
to a particular Department, including a Department that no
longer exists, then subject to a contrary intention, the reference
to the particular Department will be taken to be a reference
to the administering Department. This will avoid the need for
an order to be made under section 19B or 19BA when a
particular Department specified in legislation is abolished
or its name is changed, or when there is a change in
the matters dealt with by the Department under the Administrative
Arrangements Order.

Item 40
- Subsections 19B(1), (2) and (3)

123. Orders
made under section 19B update references in legislation to a
particular Minister, Department or Secretary of a Department where
there is no longer such a Minister or the Department is abolished
or name changed.

124. The modern
approach to drafting is to refer as much as possible to the
Minister or the Department or the Secretary of the Department
generally, and not a specific named Minister or Department or
Secretary. This allows section 19A and the Administrative
Arrangements Order made by the Governor-General to determine the
relevant Minister and Department and Secretary of the
Department. However there are still a range of references to
a specific Minister or Department or Secretary in legislation.
Section 19B orders enable legislation which includes such
specific references, but where there is no longer such a Minister
or Department, to be read and operate consistently with
responsibilities as allocated under the Administrative Arrangements
Order without the need to amend the legislation, which can be a
lengthy process.

125. Current
orders operate 'on and from the date of the order'. They
therefore cannot be retrospective. This amendment to
subsections 19B(1), (2) and (3) allows the orders to apply
retrospectively so that any past 'gaps' can be remedied.
That is, the orders could update any references to
Ministers, Departments and Secretaries (where there is no
longer any such Minister or Department or office) in
legislation that have not been appropriately and fully
updated. In the absence of such a retrospective
operation, where there are gaps in past orders, or their
operation is unclear, legislation which includes specific
references may not be able to have an effect, or its effect
may be unclear, or it may not reflect the actual internal
Commonwealth arrangements. To avoid such
clearly inappropriate results, the ability to make
retrospective orders is warranted.

126. There are
other legislative provisions that allow for retrospectivity in the
context of machinery of Government changes. For example,
subsection 32(8) of the Financial Management and
Accountability Act 1997 allows for the transfer of
appropriations to be made retrospectively.

128. The modern
approach to drafting is to as much as possible refer to the
Minister or the Department or the Secretary of the Department
generally, and not a specific named Minister or Department or
Secretary. This allows section 19A and the Administrative
Arrangements Order made by the Governor-General to determine the
relevant Minister and Department and Secretary of the
Department. However there are still a range of references to
a specific Minister or Department or Secretary in
legislation. Section 19BA orders update references in
legislation to a particular Minister, Department or Secretary of a
Department where there has been a change in the
administration of the provision and the reference to that Minister
or Department is no longer appropriate. This saves
the need to amend the legislation, which can be a lengthy
process.

129. Current
orders operate 'on and from the date of the order'. They
therefore cannot be retrospective. This amendment to
subsections 19BA(1), (2) and (3) allows the orders to apply
retrospectively so that any past 'gaps' can be remedied.
That is, the orders could update any references to
Ministers, Departments and Secretaries in
legislation that have not been appropriately and fully updated
to reflect changed arrangements under the Administrative
Arrangements Order. In the absence of such a retrospective
operation, where there are gaps in past orders, or their
operation is unclear, legislation which includes specific
references may not be able to have an effect, or its effect
may be unclear, or it may not reflect the actual internal
Commonwealth arrangements. To avoid such
clearly inappropriate results, the ability to make
retrospective orders is warranted.

130. There are
other legislative provisions that allow for retrospectivity in the
context of machinery of Government changes. For example,
subsection 32(8) of the Financial Management and
Accountability Act 1997 allows for the transfer of
appropriations to be made retrospectively.

Item 42
- Subsection 19BB(2)

131. Section
19BB allows orders made under sections 19B and 19BA to be revoked
by the Governor-General in whole or in part. Orders made
under sections 19B and 19BA update references in legislation to a
particular Minister, Department or Secretary of a Department so
that they can be read consistently with responsibilities as
allocated under the Administrative Arrangements
Order.

132. Item 42
amends subsection 19BB(2) consistently with the amendments made to
sections 19B and 19BA by items 40 and 41.

134. New
section 19BD is limited to a power, function or duty that is
imposed ‘by an Act’. This includes impositions
where the particular Minister is identified by operation of
sections 19A, 19B, 19BA and new 34AAB (old 18C) of the Acts
Interpretation Act itself. This provision (like other
provisions) applies subject to a contrary intention (new subsection
2(2)). This provision (like other provisions) also has operation
under subsection 46(1), and subsection 13(1) of the Legislative
Instruments Act 2003.

135. New
section 19BD does not validate acts done by the Minister purporting
to perform a function or duty or exercise a power of another
Minister for all purposes (that is, the act could be invalid
for a range of other reasons). Further, it does not
authorise or allow Ministers to perform functions or duties or
exercise powers that do not fall within their areas of
responsibility. For example, it does not overcome the
need for an Administrative Arrangements Order to set out the
internal government arrangements, which is then picked up by
section 19A of the Act. These internal government
administrative arrangements will still need to be put into place,
and will operate to allocate Ministerial
responsibilities.

136. New
section 19BD merely provides that, in the event that a
Minister does purport to perform a function or duty or exercise a
power of another Minister, the action is not invalid
merely for this reason (see Project Blue Sky Inc v Australian
Broadcasting Authority (1998) 194 CLR 355). Invalidity is
not an appropriate result for a failure to comply
with internal government administrative
arrangements.

137. The
provision is intended to operate consistently with the convention
of collective responsibility, which is part of the Cabinet system
of Government.

139. Section 20
of the Acts Interpretation Act deals with when an Act mentions an
officer holding or occupying a particular office or position.
For consistency, the amendment to section 20 clarifies that a
person can ‘hold’ an office or position, as the wording
currently only refers to ‘occupy’ an office or
position.

Item 46
- Section 20

140. Section 20
of the Acts Interpretation Act deals with when an Act mentions an
officer holding or occupying a particular office or position.
Item 46 amends section 20 so that it no longer refers to
‘said office’. Instead it will just say
‘office’ as the word ‘said’ is
superfluous.

Item 47
- Subsection 21(1)

141. This
amendment removes the words ‘unless the contrary intention
appears’ from subsection 21(1) due to the amendments made to
section 2 by item 3.

Item 48
- Sections 22 to 22C

142. Sections
22 to 22C are being repealed because all the definitions contained
in these sections have been moved to the new ‘Part 2 -
Definitions’ inserted by this Bill (see item
4).

Item 49
- Section 23

143. This
amendment removes the words ‘unless the contrary intention
appears’ from section 23 due to the amendments made to
section 2 by item 3.

Item 50
- Section 25

144. Section 25
is being repealed because the definitions contained in this section
( document , record and
writing ) have been moved to the new ‘Part 2
- Definitions’ inserted by this Bill (see item
4).

Item 51
- Subsection 25B(1)

145. This
amendment removes the words ‘unless the contrary intention
appears’ from subsection 25B(1) due to the amendments made to
section 2 by item 3.

Item 52
- Subsection 25B(1A)

146. This
amendment removes the words ‘unless the contrary intention
appears’ from subsection 25B(1A) due to the amendments made
to section 2 by item 3.

Item 53
- Subsection 25B(2)

147. This
amendment removes the words ‘unless the contrary intention
appears’ from subsection 25B(2) due to the amendments made to
section 2 by item 3.

149. Item 55
repeals section 25E. Section 25E, which deals with how the
attainment of a particular age is assessed, is being moved to
Part 8 (see item 95) as it is currently located with an
unrelated provision on the content of statements of reasons for
decisions. The content of section 25E fits more logically
with the other provisions in Part 8 concerning distance and
time. The content of section 25E is not being
changed.

Item 56
- Part VI (heading)

150. The
heading of Part VI is being changed from ‘Judicial
expressions’ to ‘Part 6 - Service of
documents’ because the definitions in sections 26, 27, 27A
and 28 have been moved to the new ‘Part 2 -
Definitions’ inserted by this Bill (see items 4 and
57). The remaining sections in this Part (sections 28A and
29) both deal with service of documents, therefore this is an
appropriate new heading for this Part of the Acts Interpretation
Act. The numbering of all the Parts in the Acts
Interpretation Act is being updated to Arabic numbering to reflect
current drafting practice.

Item 57
- Sections 26 to 28

151. Sections
26 to 28 are being repealed because all the definitions contained
in these sections have been moved to the new ‘Part 2 -
Definitions’ inserted by this Bill (see item
4).

Item 58
- Subsection 28A(1)

152. This
amendment removes the words ‘unless the contrary intention
appears’ from subsection 28A(1) due to the amendments made to
section 2 by item 3.

Item 59
- At the end of subsection 28A(1)

153. Section
28A of the Acts Interpretation Act deals with service of
documents. A note is being added to provide a cross-reference
to the Electronic Transactions Act 1999 , which is an Act of
general application and enables a requirement that information be
provided ‘in writing’ under Commonwealth legislation,
to be fulfilled via electronic means. The operative provision
of the Act, section 8, ensures that a transaction is not invalid
merely because it took place via electronic means. This
reflects the general rule of ‘functional equivalence’
and is based on Article 5 of the 1996 United Nations Commission on
International Trade Law (UNCITRAL) Model Law on Electronic
Commerce.

154. ‘Functional
equivalence’ provides that there should be no disparity of
treatment between electronic communications and paper-based
transactions, and that information should not be denied legal
effectiveness, validity or enforceability solely on the grounds
that it is in an electronic form.

155. The
Electronic Transactions Act also embodies the principle of
‘technology neutrality’, which generally provides that
no communication technique is excluded from the scope of the
Electronic Transactions Act since future technological developments
need to be accommodated.

156. However,
the Electronic Transactions Act specifically exempts documents
relating to citizenship and migration law from the application of
the Electronic Transactions Act. The Act also allows for
further exceptions to be made via the regulations, which currently
provide exemptions across more than 150 pieces of
legislation. An exemption is granted where there are strong
policy justifications to do so; for example, where documents carry
a high risk of document fraud, where an agency does not have the
technology or procedures in place to ensure secure transmission of
information, or where it is important to ensure that there is only
one paper-based document.

157. Section 8
is a general rule and as such does not restrict the operation of
other, more specific, provisions within the Electronic Transactions
Act. Division 2 of that Act outlines the conditions to be met
in order for a person to fulfil a requirement under a law of the
Commonwealth to give information in writing, provide a signature,
produce a document or retain information. Section 13 of the
Electronic Transactions Act explains that Division 2 does not
affect the application of the Evidence Act 1995 or the
giving of evidence in a court proceeding.

158. Finally,
Division 3 of the Electronic Transactions Act clarifies the rules
for determining the time and place of dispatch and receipt
concerning electronic communications, as well as those for
attributing the originator of an electronic communication.
These are default rules that apply in the absence of an
agreement by the parties.

160. This is a
technical amendment to subsection 29(1) which inserts additional
commas between the words ‘addressing’ and
‘prepaying’, and the words ‘proved’ and
‘to’, and moves the comma before the word
‘and’ to the correct position in the sentence - that
is, after the ‘and’.

Item 62
- Part VII (heading)

161. Item 62
changes the name of the Part of the Acts Interpretation Act
currently titled ‘Part VII - Powers conferred and
duties imposed by Acts’ to ‘Part 7 - Powers,
functions and duties’. This is a clearer title for this
Part and the Roman numeral is removed as the numbering of all parts
of the Act is being updated to Arabic numbering to reflect current
drafting practice.

Item 63
- Subsection 33(1)

162. Section 33
deals with the exercise of powers and duties. The section
makes inconsistent references to powers, functions and duties - for
example, subsection 33(1) only refers to an Act conferring a power
or imposing a duty, whereas subsection 33(2B) refers to an Act
conferring a power or function or imposing a duty.

163. Subsection
33(1) is being amended so that it refers to ‘a power or
function or imposes a duty’. The heading to
section 33 is also being updated to refer to
‘functions’ in addition to ‘powers’ and
‘duties’.

165. Item 63
above amends the first part of subsection 33(1) so that it refers
to ‘a power or function or imposes a
duty’. Item 65 amends the second part of
subsection 33(1) so it makes a corresponding reference to
performing a function.

Item 66
- Subsections 33(2) and (2AA)

166. Subsections
33(2) and (2AA), which deal with situations where an Act confers a
power or imposes a duty on the holder of an office, are being moved
to after section 34 to become new section 34AAA (see item
80). This is so that they are co-located with sections 34AA,
34AB and 34A which concern the delegation of statutory functions or
powers.

167. Subsection
33(2A) defines the word ‘may’ for the purpose of
interpreting Acts assented to after the commencement of the
subsection. As section 33 contains a number of subsections, a
heading will be added to subsection 33(2A) that says ‘Meaning
of may ’ so that this subsection is easier to
locate.

168. Subsection
33(2B) deals with powers, functions or duties of bodies where there
is a vacancy in the membership of the relevant body. As
section 33 contains a number of subsections, a heading will be
added to subsection 33(2B) that says ‘Powers, functions and
duties of bodies not affected by membership vacancies’ to
make the subsection easier to locate.

170. The lack
of clarity in the case law was highlighted by the following
observation by Justice Finkelstein in Leung v Minister for
Immigration & Multicultural Affairs (1997) 150 ALR 76 at 84
(Beaumont and Heerey JJ concurred):

The
circumstances in which
s 33(3) of
the
Interpretation Act will be
held to apply to reconsider the grant or issue of an instrument
have not been finally settled. There are cases that have held
that
s 33(3) only
applies to the grant or issue of a document of a legislative
character: see e.g. Australian
Capital Equities Pty Ltd v Beale (1993)
41 FCR 242 at
256-257; 114 ALR 50 per Lee J. There are other cases that support
the view that the section can have application to the grant or
issue of any instrument: see e.g. Re Brian
Lawlor at 172 per Brennan J. It is not necessary to resolve this
difference of opinion.

172. Subsection
33(3) is being amended to explicitly state that this subsection
applies to instruments ‘of a legislative or administrative
character’.

173. As section
33 contains a number of subsections, a heading will be added to
subsection 33(3) that says ‘Power to make instrument includes
power to vary or revoke etc. instrument’ to make the
subsection easier to locate.

175. Subsection
33(3) provides that where an Act confers a power to ‘make,
grant or issue any instrument’, where a power is
‘exercisable in the like manner and subject to like
conditions’, it includes the power to ‘repeal, rescind,
revoke, amend or vary’ the instrument.

176. There is
some ambiguity in the wording of ‘like manner’ and
‘like conditions’. Therefore a new subsection is
being inserted directly after subsection 33(3) to make clear the
operation of the requirement for like conditions in
subsection 33(3) where there is a condition which must be
satisfied for the making, granting or issuing of an instrument and
can cease to be satisfied later. In this case, the
requirement for like conditions for the repeal, recission or
revocation is met if the condition is no longer satisfied.

Item 70
- Subsection 33(3A)

177. Subsection
33(3A) provides that where an Act confers a power to ‘make,
grant or issue any instrument’ with respect to certain
matters, the power can be construed as including a power to make,
grant or issue the instrument for only some of the matters, or a
certain class of matters.

178. At item 67
above, subsection 33(3) is being amended to explicitly state that
this subsection applies to instruments ‘of a legislative or
administrative character’. Item 70 mirrors this by
ensuring that subsection 33(3A) applies to instruments of a
‘legislative or administrative
character’.

179. As section
33 contains a number of subsections, a heading will be added to
subsection 33(3A) that says ‘Scope of powers in respect of
matters’ to make the subsection easier to
locate.

Item 71
- After subsection 33(3A)

180. Item 71
inserts new subsections (3AB) and (3AC) into section
33.

181. Existing
subsection 33(3A) provides that where an Act confers a power to
‘make, grant or issue any instrument’ with respect to
certain matters, the power can be construed as including a power to
make, grant or issue the instrument for only some of the matters,
or a certain class of matters.

182. New
subsection 33(3AB) will provide that where there is a power to make
an instrument either ‘specifying, declaring or prescribing a
matter’ or ‘doing anything in relation to a
matter’, then the authority may identify the matter by
reference to a class or classes of matter. This is the same
as existing subsection 46(3). Consolidation of existing
subsections 33(3A) and 46(3) ensures that provisions dealing with
the exercise of powers to make instruments are located together and
makes the information easier to access and understand.

183. New
subsection 33(3AC) provides a definition of ‘matter’
for the interpretation of both subsections 33(3A) and (3AB) as
these terms are currently undefined. The definition clarifies
that a matter can be a ‘thing, person or animal’.
By virtue of the operation of paragraph 23(b) (which provides that
‘words in the singular number include the plural’),
‘matters’ includes things, persons or
animals.

Item 72
- Subsection 33(3B)

184. Subsection
33(3B) provides further guidance on how the power to ‘make,
grant or issue’ instruments is to be interpreted. At
items 67 and 70 above, subsections 33(3) and (3A) are being amended
to explicitly state that these subsections apply to instruments
‘of a legislative or administrative character’.
Item 72 mirrors this by ensuring that subsection 33(3B) applies to
instruments of a ‘legislative or administrative
character’.

Item 73
- Subsection 33(4)

185. This
amendment removes the words ‘unless the contrary intention
appears’ (wherever occurring) from subsection 33(4) due to
the amendments made to section 2 by item 3.

186. As section
33 contains a number of subsections, a heading will be added to
subsection 33(4) that says ‘Power to make appointment to an
office or place’ to make the subsection easier to
locate.

Item 74
- Subsection 33(4A)

187. Subsection
33(4A) provides a definition of appoint . This
subsection is being repealed because item 75 inserts a clearer
definition of the ‘power to appoint’.

188. As section
33 contains a number of subsections, a heading will be added to
subsection 33(5) that says ‘Power to make instrument
prescribing penalties’ to make the subsection easier to
locate.

Item 75
- After section 33

189. Item 75
inserts a new section 33AA which clarifies that the power to
appoint includes a power to reappoint. This is not a
departure from the current policy, as currently the definition in
subsection 33(4A) provides this. However, current
drafting practice is not to confer substantive powers in
definitions.

190. Item 75
also inserts a new section 33AB to provide that anything done by or
in relation to a person purporting to act under an appointment,
including but not limited to an acting appointment, under an Act is
not invalid merely because the occasion for the appointment had not
arisen, there was a defect or irregularity in connection with the
appointment, the appointment had ceased to have effect or, in the
case of acting appointments, the occasion to act had not arisen or
had ceased.

191. New
section 33AB is inserted for the avoidance of doubt, and confirms
the availability of the common law de facto officer doctrine.
Where there is an unknown flaw in the appointment or authority of a
public officer, the de facto officer doctrine operates to validate
the acts of that officer, even though the officer's appointment is
in fact invalid (see Cassell v The Queen (2000) 201 CLR 189
at 193, [19], Gleeson CJ, Gaudron, McHugh and Gummow
JJ).

192. In
confirmation of the operation of this doctrine, new section 33AB is
intended to ensure that irregularities or defects in an appointment
do not invalidate the past acts of the appointee, even if those
irregularities or defects could be such as to invalidate the
appointment. The reference to 'purporting to act' in new
section 33AB expressly contemplates that the provision operates in
circumstances in which the appointment itself may be invalid.
There are a range of circumstances in which section 33AB might
apply, including where the appointer did not have the power to make
the appointment, the appointer failed to observe a statutory
procedure in making the appointment or the appointee was ineligible
for appointment or to continue in a position.

193. It is
important to note that section 33AB does not validate the
appointment itself, and a person whose appointment is found to be
invalid may not continue to act. Rather, the intention is to
ensure that acts undertaken by a person who was considered to be
properly appointed are not later invalidated if irregularities in
that appointment are identified.

194. New
section 33AB also validates acts done 'in relation to' a person
purporting to act under a defective or irregular appointment.
The reference to acts done 'in relation to' such an appointee
is intended to ensure that, for example, payments for services
rendered by such an appointee are not invalid.

195. This
provision (like other provisions), applies subject to a contrary
intention (new subsection 2(2)). This provision (like other
provisions) also has operation under subsection 46(1), and
subsection 13(1) of the Legislative Instruments Act
2003 .

Item 76
- Subsection 33A(2)

196. New
subsections (2) - (4) are being added to section 33A to deal
with acting appointments that are ‘by operation of
law’. For example, an Act may specify that in the
absence of a Chief Executive Officer, the Deputy Chief Executive
Officer is to Act in the position. This is a different
scenario to where a person is appointed to act in a position, which
is covered by new section 33AB.

197. Subsection
(2) clarifies that while acting in the office the person has the
same powers and must perform all the functions and duties as the
holder of the office. This is an equivalent provision for
acting arrangement by operation to law to the provision for other
types of acting appointments provided for in existing paragraph
33A(1)(e) of the Acts Interpretation Act. Subsection (3)
specifies that in situations where a person is acting by operation
of law, the provision specifies that any action is not invalid
simply because the occasion to act had not arisen or the occasion
to act had ceased.

198. By
including these provisions in the Acts Interpretation Act, they
will not need to be repeated in other Commonwealth
legislation.

199. Subsection
(4) inserts a definition of ‘office’ for the purposes
of section 33A.

200. The
heading of section 33A is being changed from ‘Acting
appointments’ to ‘Acting in offices or positions’
as this more accurately describes the new content of the provision
due to the insertion of extra subsections by this item.

201. The
heading of subsection 33A(1) will become ‘Acting
appointments’ so that the existing provision for acting
appointments is easy to locate.

Item 77
- At the end of subsection 33B(3)

202. Section
33B deals with participation in meetings by telephone and other
methods of communication, for example, Skype or
video-conferencing. This amendment clarifies that a person
who participates by telephone or other means of communication
(pursuant to subsection 33B(2)) can be considered part of the
quorum of the meeting. This is implied by the existing
wording of subsection 33B(3), which specifies that a person
participating by telephone or other means of communication
‘is taken to be present at the meeting’, but this
amendment makes their position explicit.

Item 78
-Subsection 33B(4)

203. Section
33B deals with participation in meetings by telephone and other
methods of communication, for example, Skype or
video-conferencing. The amendment provides that all
participants may be given permission to participate by telephone or
other means of communication pursuant to subsection 33B(2).
New subsections 33B(4) and (5) allow for a meeting to be held in
two or more places at the same time. This allows a meeting to
take place where the participants are in different locations and
provides meeting organisers with more
flexibility.

Item 79
- Section 34

204. Section 34
deals with the administering of oaths by courts, judges and
others. This section is being expanded to include a reference
to affirmations as it is accepted practice to give witnesses the
choice as to whether they take an oath or make an
affirmation.

205. For
example, section 23 of the Evidence Act 1995
provides:

(1)
A person who is to be a witness or act as an interpreter in a
proceeding may choose whether to take an oath or make an
affirmation.

(2)
The court is to inform the person that he or she has this
choice.

(3)
The court may direct a person who is to be a witness to make an
affirmation if:

(a)
the person refuses to choose whether to take an oath or
make an affirmation; or

(b)
it is not reasonably practicable for the person to take an
appropriate oath.

The
heading to section 34 is also being amended to reflect that
the section covers more than just the authority to administer an
oath.

Item 80
- After section 34

206. Item 80
moves existing subsection 33(2), which deals with the exercise of
powers etc. by holders etc. of offices or positions so that it
becomes new section 34AAA. The content is not being
changed. Moving this material will make it easier for users
of the Acts Interpretation Act to locate.

Item 81
- Before section 34AA

207. Existing
section 18C, concerning Ministerial authorisation to perform
statutory functions or powers, is being moved to after new section
34AAA (inserted by item 80) so that it is co-located with
sections 34AA, 34AB and 34A which concern the delegation of
statutory functions or powers. Authorisation and delegation
are closely related mechanisms of administration, both relating to
the designation of particular persons or bodies to carry out
certain functions or powers. Locating these provisions near
one another enhances the ability of the user to read and understand
these provisions.

208. There are
some minor changes to the wording of this section, but these are to
make the section clearer and are not intended to change the effect
of the provision.

Item 82
- Section 34AA

209. Section
34AA deals with delegations. The section currently makes
inconsistent references to ‘powers’,
‘functions’ and ‘duties’. The section
is being amended by items 82, 84 and 85 so it refers to
‘function, duty or power’ in all relevant
instances.

Item 83
- Section 34AA

210. This
amendment removes the words ‘unless the contrary intention
appears’ from section
34AA due to the amendments made to section 2 by item
3.

Item 84
- Section 34AA

211. Section
34AA deals with delegations. The section currently makes
inconsistent references to ‘powers’,
‘functions’ and ‘duties’. The section
is being amended by items 82, 84 and 85 so it refers to
‘function, duty or power’ in all relevant
instances.

Item 85
- Section 34AA

212. Section
34AA deals with delegations. The section currently makes
inconsistent references to ‘powers’,
‘functions’ and ‘duties’. The section
is being amended by items 82, 84 and 85 so it refers to
‘function, duty or power’ in all relevant
instances.

Item 86
- Section 34AB

213. Item 86
inserts ‘(1)’ before the text in section 34AB with the
heading ‘General’. This is because item 89
inserts a subsection (2) into section 34AB.

Item 87
- Section 34AB

214. Section
34AB deals with the effect of a delegation. The section
currently refers to ‘functions’ or
‘powers’, but not ‘duties’. The
section is being amended by items 87 and 88 so it refers to
‘function, duty or power’ (except in paragraph (b)
which specifically refers to the power to delegate) so that it is
consistent with other sections in the Acts Interpretation Act (see
for example the amendments to section 34AA being made by items 82,
84 and 85).

Item 88
- Paragraphs 34AB(c) and (d)

215. Section
34AB deals with the effect of a delegation. The section
currently refers to ‘functions’ or
‘powers’, but not ‘duties’. The
section is being amended by items 81 and 88 so it refers to
‘function, duty or power’ (except in paragraph (b)
which specifically refers to the ‘power to delegate’)
so that it is consistent with other sections in the Acts
Interpretation Act (see for example the amendments to section 34AA
being made by items 82, 84 and 85).

Item 89
- At the end of section 34AB

216. Item 89
adds a new subsection (2) to section 34AB (which deals with the
effect of a delegation) that makes it clear that a delegation
expressed to extend to all the powers, functions or duties under a
given Act or part of an Act extend to a power, function or duty
included in that Act or part that has come into existence after the
delegation is made. This provides greater certainty for delegated
functions, duties and powers.

217. This
amendment specifically addresses the concern raised by Chief
Justice Street in the unreported decision of the New South Wales
Court of Criminal Appeal case of Australian Chemical Refinery
Pty Ltd v Bradwell (28 February 1986). Street CJ
indicated that there was a strong common law presumption that a
delegation does not extend to a power that comes into existence
after the delegation is made, even if within the literal words of
the delegation.

218. This was
in contrast to the generally accepted position under the Acts
Interpretation Act that delegations could encompass subsequently
enacted powers based on section 10 of the Acts Interpretation Act
which allows from ‘time to time’ references which,
under section 46 of the Acts Interpretation Act, can be
included in instruments. Given the importance of delegations
to Commonwealth administration, it was important that this issue be
dealt with explicitly.

219. Item
89 also adds a new subsection 34AB(3) to provide that when an
Act amends the scope of a function, duty or power that has been
delegated, the delegation is taken to include the altered function,
duty or power.

220. This
provision does not prevent a delegate from reviewing a delegation
when new powers, functions or duties are enacted and amending the
delegation if they want to ensure that that new or altered
function, duty or power remains solely with them.

Item 90
- Section 34A

221. Section
34A provides for the exercise of certain powers, functions or
duties by a delegate. The section has been re-written to make
it clearer and to ensure that it covers the exercise of a power, or
performance of a function or duty. The meaning of the section
has not been changed.

Item 91
- Part VIII (heading)

222. Item 91
changes the heading of ‘Part VIII - Distance and time’
to ‘Part 8 - Distance, time and age’. This
is because item 95 inserts a provision about the attainment of a
particular age into Part 8, therefore the modified heading will
more comprehensively describe the content of Part 8. The
Roman numeral is removed as the numbering of all parts of the Act
is being updated to Arabic numbering to reflect current drafting
practice.

Item 92
- Section 35

223. This
amendment removes the words ‘unless the contrary intention
appears’ from section 35 due to the amendments made to
section 2 by item 3.

Item 93
- Section 36

224. Section
36, which deals with how time periods are to be calculated, is
being modernised by use of a table to show how different scenarios
are to be interpreted in Commonwealth Acts and provides examples
for each of the items in the table. It is intended to capture
a broader range of situations that are likely to arise from time to
time - such as where an Act specifies a period for doing
something and the place for doing the thing is closed on the first
or last day of doing that thing.

225. The
rationale for the amendment is to make section 36 more user
friendly. It does not substantively change the existing
policy.

Item 94
- Section 37

226. Section 37
deals with expressions of time. This amendment removes the
reference to ‘standard time’ so that only the reference
to ‘legal time’ remains. This is due to the
variation in the way ‘standard time’ is interpreted
currently.

227. In some
Australian jurisdictions, references to ‘standard time’
are taken to be references to summer time during summer, for
example, section 10 of the New South Wales Standard Time Act
1987 . In those jurisdictions, ‘standard time’
includes ‘summer time’.

228. In other
jurisdictions, ‘summer’ or ‘daylight saving
time’ is employed as a separate concept to ‘standard
time’, for example, section 5 of the Australian Capital
Territory Standard Time and Summer Time Act
1972 .

229. Due to
these variations, drafters have adopted the practice of using
‘legal time’ only, therefore it is appropriate that the
Acts Interpretation Act be
amended.

Item 95
- At the end of Part VIII

230. This
amendment moves existing section 25E, which deals with how the
attainment of a particular age is assessed, into Part 8 as it
fits more logically with the other provisions in Part 8 (about
distance and time). The content
of section 25E is not being changed.

Item 96
- Part IX (heading)

231. Item
96 removes the Roman numeral from the title of ‘Part IX
- Citation of Acts’ so it becomes ‘Part 9 -
Citation of Acts’. All Roman numerals in the titles of
parts of the Acts Interpretation Act are being
updated.

Item 97
- At the end of section 38

232. Section 38
deals with how various Acts are referred to; for example,
subsection 38(3) specifies that ‘an Act passed by the
Parliament of a State may be referred to by the term “State
Act”’. A new subsection is being added to provide
that Acts made by Territory legislatures may be called a
‘Territory Act’.

Item 98
- Section 39

233. Section 39
refers to the ‘King’s assent’. As Australia
currently has a Queen, rather than a King, and to avoid the need to
update this section any time this changes in the future, the
provision is being amended to refer to the ‘Sovereign’s
assent’. Pursuant to section 16 of the Acts
Interpretation Act (which deals with the interpretation of
references to the Sovereign in Acts), this will be interpreted as a
reference to the Sovereign at the time.

Item 99
- At the end of subsection 40(1)

234. Section 40
concerns the citation of various kinds of Acts, for example
Imperial Acts (paragraph (b)) and State Acts (paragraph (c)).
A paragraph (d) is being added about Territory Acts, which are not
currently referred to by this subsection. This is consistent
with the amendment at item 97.

Item 100
- Subsection 40(2)

235. Item 99
inserts a reference to ‘Territory Acts’ in subsection
40(1), which currently only deals with Acts, State Acts and
Imperial Acts. This amendment to subsection 40(2) ensures
that Territory Acts are included to reflect the amendment to
subsection 40(1).

Item 101
- Subsections 40(3) and (4)

236. Subsection
40(3) requires that the citation of Acts is to be in accordance
with the versions of Acts printed by ‘the Government Printer
of the Commonwealth or State, or of the King’s Printer in
London’. The effect of subsection (3) had become
uncertain as several States no longer refer to the Government
Printer in their own law. Subsections 40(3) and 40(4) are
being removed because they are not necessary. In determining
whether a citation is accurate, courts will in any case have
recourse to the authoritative versions of the Acts under the law of
the relevant jurisdiction. For laws of other jurisdictions,
recognition of these versions is dealt with in section 174 of the
Evidence Act 1995 .

237. The
authority of texts of Commonwealth legislation is dealt with in the
Evidence Act 1995 and the Acts Publication Act
1905 .

Item 102
- Part XI (heading)

238. Item 102
removes the Roman numeral from the title of ‘Part XI -
Non-legislative instruments and resolutions’ so it becomes
‘Part 10 - Non-legislative instruments and
resolutions’. There is currently no Part 10 in the Act,
so this ensures the parts are numbered sequentially and all Roman
numerals in the titles of parts of the Acts Interpretation Act are
being updated.

Item 103
- Subsection 46(1)

239. This
amendment removes the words ‘unless the contrary intention
appears’ from subsection
46(1) due to the amendments made to section 2 by item
3.

Item 104
- Paragraphs 46(1)(b) and (c)

240. Section 46
deals with the construction of instruments. There are often
instances where a term is defined in an Act and then an instrument
is made under the Act which uses the term (without separately
defining the term in the instrument), then the definition in the
Act gets changed. There is then a question about the
interpretation of the particular term in the instrument.

241. The High
Court decision in Birch v Allen (1942) 65 CLR 621 held that
the term in the instrument changes when the term in the Act
changes.

242. To reflect
the possibility of changes of this kind, paragraphs 46(1)(b) and
(c) (which specify that expressions in instruments have the same
meaning as the enabling legislation and should be construed subject
to the enabling legislation), are being amended so that they refer
to the enabling legislation ‘as in force from time to
time’.

243. A
corresponding amendment to subsection 13(1) of the Legislative
Instruments Act is being made by item 111 of Schedule 1 to
this Bill.

245. Subsection
46(3) is being moved to after subsection 33(3A) (see item
71).

Item 107
- Subsection 46AA(1)

246. This
amendment removes the words ‘unless the contrary intention
appears’ from subsection 46AA(1) due to the amendments made
to section 2 by item 3.

Item 108
- Subsection 46AA(2)

247. This
amendment removes the words ‘unless the contrary intention
appears’ from subsection 46AA(2) due to the amendments made
to section 2 by item 3.

Item 109
- Section 47

248. This
amendment removes the words ‘unless the contrary intention
appears’ from section 47 due to the amendments made to
section 2 by item 3.

Item 110
- Part XII (heading)

249. Item 110
removes the Roman numeral from the title of ‘Part XII -
Regulations’ so it becomes ‘Part 11 -
Regulations’. There is currently no Part 10 in the Acts
Interpretation Act, so item 102 renumbers Part 11 as Part 10, and
item 110 renumbers Part 12 as Part 11 to ensure the parts are
numbered sequentially. All Roman numerals in the titles of
Parts of the Acts Interpretation Act are being
updated.

Legislative
Instruments Act 2003

Item 111
- Paragraphs 13(1)(b) and (c)

250. Section 13
of the Legislative Instruments Act deals with the construction of
legislative instruments. It does the same thing for
legislative instruments as section 46 of the Acts Interpretation
Act does for non-legislative instruments.

251. There are
often instances where a term is defined in an Act and then an
instrument is made under the Act which uses the term (without
separately defining the term in the instrument), then the
definition in the Act gets changed. There is then a question
about the interpretation of the particular term in the
instrument.

252. The High
Court decision in Birch v Allen (1942) 65 CLR 621 held that
the term in the regulation changes when the term in the Act
changes.

253. To reflect
the possibility of changes of this kind, paragraphs 13(1)(b) and
(c) (which specify that expressions in instruments have the same
meaning as the enabling legislation and should be construed subject
to the enabling legislation), are being amended so that they refer
to the enabling legislation ‘as in force from time to
time’.

254. A
corresponding amendment to subsection 46(1) of the Acts
Interpretation Act is being made by item 104 of Schedule 1 to
this Bill.

256. Item 71
adds a definition of ‘matter’ for the purposes of
interpreting subsections 33(3A) and (3AB) of the Acts
Interpretation Act. The definition clarifies that a matter
can be a thing, person or an animal.

257. Subsection
13(3) of the Legislative Instruments Act deals with the
construction of legislative instruments and refers to ‘matter
or thing’. Item 113 amends subsection 13(3) of the
Legislative Instruments Act so that it refers to
‘matter’ for consistency with section 33 of the
Acts Interpretation Act.

259. Subsection
13(3) of the Legislative Instruments Act deals with the
construction of legislative instruments and refers to
‘classes of matters or things’. Item 114 amends
subsection 13(3) of the Legislative Instruments Act so that it
refers to ‘classes of matters’ for consistency with
section 33 of the Acts Interpretation Act.

261. Subsection
13(3) of the Legislative Instruments Act deals with the
construction of legislative instruments and refers to
‘matters or things’. Item 114 omits ‘or
things’ from subsection 13(3). Item 115 inserts a new
subsection 13(4) which defines ‘matter’ for the
purposes of subsection 13(3) to include a ‘thing, person and
animal’ for consistency with section 33 of the Acts
Interpretation Act.

Item 116
- Section 13 (note)

262. Section 13
of the Legislative Instruments Act does the same thing for
legislative instruments as section 46 of the Acts Interpretation
Act does for non-legislative instruments.

263. Section 13
currently contains a note cross-referencing section 46 of the Acts
Interpretation Act. As the content of subsection 46(3) is
being moved to after subsection 33(3A) and will be the new
subsection 33(3AB) (see item 71), this item updates the note to
include a reference to subsection 33(3AB) as well as section 46 of
the Acts Interpretation Act.

SCHEDULE 2
- CONSEQUENTIAL AMENDMENTS

Aboriginal
and Torres Strait Islander Act 2005

Item 1
- At the end of subsection 143M(1)

1. Subsection
143M(1) deals with acting member appointments. A note is
being added to refer readers to the acting appointment provisions
contained in section 33A of the Acts Interpretation Act.

Item 2
- Subsection 143M(5)

2. This item
repeals subsection 143M(5) which specifies certain conditions when
actions taken will not be invalid. This is a rule that is
being added by section 33AB of the Acts Interpretation Act (see
item 75 of Schedule 1 to this Bill) and therefore does not
need to be repeated in the Aboriginal and Torres Strait Islander
Act 2005. Item 1 adds a note to refer readers to section
33A of the Acts Interpretation Act.

Item 3
- Subsection 144F(4)

Item 4
- Subsection 144F(5)

3. These
items update cross-references because item 86 of Schedule 1 to this
Bill adds the number (1) to the first subsection of section 34AB of
the Acts Interpretation Act as a result of a new subsection being
added to section 34AB of the Acts Interpretation Act by item 89 of
Schedule 1 to this Bill.

Item 5
- Subsection 144L(1)

4. This item
removes the number (1) from subsection 144L(1) because item 7
repeals subsection 144L(2), therefore the text that is currently in
subsection 144L(1) will become the only text in this
section.

6. This item
repeals subsection 144L(2) which specifies certain conditions when
actions taken will not be invalid. This is a rule that is
being added by section 33AB of the Acts Interpretation Act (see
item 75 of Schedule 1 to this Bill) and therefore does not
need to be repeated in the Aboriginal and Torres Strait Islander
Act 2005. Item 6 adds a note to refer readers to section
33A of the Acts Interpretation Act.

Item 8
- Subsection 144ZP(1)

7. This item
removes the number (1) from subsection 144ZP(1) because item 10
repeals subsection 144ZP(2), therefore the text that is currently
in subsection 144ZP(1) will become the only text in this
section.

9. This item
repeals subsection 144ZP(2) which specifies certain conditions when
actions taken will not be invalid. This is a rule that is
being added by section 33AB of the Acts Interpretation Act (see
item 75 of Schedule 1 to this Bill) and therefore does not
need to be repeated in the Aboriginal and Torres Strait Islander
Act 2005. Item 9 adds a note to refer readers to section
33A of the Acts Interpretation Act.

Item 11
- At the end of subsection 162(1)

10. Subsection
162(1) deals with acting
Indigenous Business Australia
Chairperson
arrangements. A note is being added to refer readers to the
acting appointment provisions contained in section 33A of the Acts
Interpretation Act.

12. This item
repeals subsection 162(5) which specifies certain conditions when
actions taken will not be invalid. This is a rule that is
being added by section 33AB of the Acts Interpretation Act (see
item 75 of Schedule 1 to this Bill) and therefore does not
need to be repeated in the Aboriginal and Torres Strait Islander
Act 2005. Items 11 and 12 add notes to refer readers to
section 33A of the Acts Interpretation Act.

Item 14
- Subsection 172(1)

13. This item
removes the number (1) from subsection 172(1) because item 16
repeals subsection 172(2), therefore the text that is currently in
subsection 172(1) will become the only text in this
section.

Item 15
- At the end of subsection 172(1)

14. Subsection
172(1) deals with acting
Indigenous Business Australia General
Manager
arrangements. A note is being added to refer readers to the
acting appointment provisions contained in section 33A of the Acts
Interpretation Act.

Item 16
- Subsection 172(2)

15. This item
repeals subsection 172(2) which specifies certain conditions when
actions taken will not be invalid. This is a rule that is
being added by section 33AB of the Acts Interpretation Act (see
item 75 of Schedule 1 to this Bill) and therefore does not
need to be repeated in the Aboriginal and Torres Strait Islander
Act 2005. Item 15 adds a note to refer readers to section
33A of the Acts Interpretation Act.

Item 17
- Subsection 190(3)

Item 18
- Subsection 190(4)

16. These
items update cross-references because item 86 of Schedule 1 to this
Bill adds the number (1) to the first subsection of section 34AB of
the Acts Interpretation Act as a result of a new subsection being
added to section 34AB of the Acts Interpretation Act by item 89 of
Schedule 1 to this Bill.

Item 19
- At the end of subsection 192E(1)

17. Subsection
192E(1) deals with acting
Indigenous Land Corporation Chairperson arrangements.
A note is being added to refer readers to the acting appointment
provisions contained in section 33A of the Acts Interpretation
Act.

19. This item
repeals subsection 192E(5) which specifies certain conditions when
actions taken will not be invalid. This is a rule that is
being added by section 33AB of the Acts Interpretation Act (see
item 75 of Schedule 1 to this Bill) and therefore does not
need to be repeated in the Aboriginal and Torres Strait Islander
Act 2005. Items 19 and 20 add notes to refer readers to
section 33A of the Acts Interpretation Act.

Item 22
- Subsection 192P(1)

20. This item
removes the number (1) from subsection 192P(1) because item 24
repeals subsection 192P(2), therefore the text that is currently in
subsection 192P(1) will become the only text in this
section.

Item 23
- At the end of subsection 192P(1)

21. Subsection
192P(1) deals with acting
Indigenous Land Corporation General Manager appointments.
A note is being added to refer readers to the acting appointment
provisions contained in section 33A of the Acts Interpretation
Act.

Item 24
- Subsection 192P(2)

22. This item
repeals subsection 192P(2) which specifies certain conditions when
actions taken will not be invalid. This is a rule that is
being added by section 33AB of the Acts Interpretation Act (see
item 75 of Schedule 1 to this Bill) and therefore does not
need to be repeated in the Aboriginal and Torres Strait Islander
Act 2005. Item 23 adds a note to refer readers to section
33A of the Acts Interpretation Act.

Item 25
- Subsection 200C(2) (note 1)

23. This note
refers to the definitions of ‘SES employee’ and
‘acting SES employee’ in section 17AA of the Acts
Interpretation Act. Item 4 of Schedule 1 to this Bill moves
these definitions to new section 2B, so this item updates the
cross-reference.

Aboriginal
Land Rights (Northern Territory) Act 1976

Item 26
- Section 3AAA (note)

Item 27
- Subsection 3AA(1) (note)

24. Both of
these notes refer to the definition of ‘person’ in
paragraph 22(1)(a) of the Acts Interpretation Act. This
definition is being moved to new subsection 2C(1) by item 4 of
Schedule 1 to this Bill, so these amendments update the
cross-references.

Item 28
- Subsection 20J(1)

25. This item
removes the number (1) from subsection 20J(1) because item 30
repeals subsection 20J(2), therefore the text that is currently in
subsection 20J(1) will become the only text in this
section.

Item 29
- Subsection 20J(1) (note)

26. Subsection
20J(1) deals with acting Executive Director appointments.
There is currently a note referring readers to section 33A of the
Acts Interpretation Act, but this is being updated for consistency
with notes of this kind in other Commonwealth
Acts.

Item 30
- Subsection 20J(2)

27. This item
repeals subsection 20J(2) which specifies certain conditions when
actions taken will not be invalid. This is a rule that is
being added by section 33AB of the Acts Interpretation Act (see
item 75 of Schedule 1 to this Bill) and therefore does not
need to be repeated in the Aboriginal Land Rights (Northern
Territory) Act 1976 . Item 29 adds a note to refer readers
to section 33A of the Acts Interpretation Act.

Item 31
- Subsection 28D(2)

28. This item
updates a cross-references because item 86 of Schedule 1 to this
Bill adds the number (1) to the first subsection of section 34AB of
the Acts Interpretation Act as a result of a new subsection being
added to section 34AB of the Acts Interpretation Act by item 89 of
Schedule 1 to this Bill.

Administrative
Appeals Tribunal Act 1975

Item 32
- Subsection 24M(1)

29. This item
removes the number (1) from subsection 24M(1) because item 34
repeals subsections 24M(2) and (3), therefore the text that is
currently in subsection 24M(1) will become the only text in this
section.

Item 33
- At the end of subsection 24M(1)

30. Subsection
24M(1) deals with acting
Registrar appointments.
A note is being added to refer readers to the acting appointment
provisions contained in section 33A of the Acts Interpretation
Act.

Item 34
- Subsections 24M(2) and (3)

31. Subsections
24M(2) and (3) are being repealed because they repeat rules found
in section 33A of the Acts Interpretation Act (as amended by
item 76 of Schedule 1 to this Bill). Item 33 adds a note
so readers are aware of section 33A of the Acts Interpretation
Act.

Admiralty
Act 1988

Item 35
- Subsection 41(5)

32. Section 41
of the Admiralty Act provides a rule making power. Subsection
41(5) refers to Part XII of the Acts Interpretation Act, which
is being renumbered by item 110 in Schedule 1 to this
Bill. The provisions relating to the making of Admiralty
Rules were amended by the Legislative Instruments (Transitional
Provisions and Consequential Amendments) Act 2003 and therefore
this reference is obsolete. Accordingly, this item repeals
subsection (5).

Aged Care
Act 1997

Item 36
- Paragraph 22-5(2)(a)

Item
37- Subsection 39-4(2)

33. These
items remove asterisks that are printed before the references to
‘business days’ in paragraph 22-5(2)(a) and subsection
39-4(2) of the Aged Care Act 1997 . Items 36 and 37
repeal the definitions of ‘business day’ in the Aged
Care Act 1997 so that the new definition of ‘business
day’ being included in the Acts Interpretation Act will apply
(see item 4 of Schedule 1).

Item 38
- Subsection 44-11(1) (paragraph (aa) of the definition of
member of a couple )

34. This
paragraph refers to the definition of ‘registered
relationship’ in section 22B of the Acts Interpretation
Act. Item 4 of Schedule 1 to this Bill moves this definition
to new section 2E, so this item updates the
cross-reference.

Item 39
- Subparagraph 91-1(1)(a)(ii)

35. This item
removes an asterisk that is printed before the reference to
‘business days’ in subparagraph 91-1(1)(a)(ii) of the
Aged Care Act 1997 . Item 39 repeals the definition of
‘business day’ in the Aged Care Act 1997 so that
the new definition of ‘business day’ being included in
the Acts Interpretation Act will apply (see item 4 of Schedule
1).

Item 40
- Subsection 95A-3(1)

36. This item
removes the number (1) from subsection 95A-3(1) because item 42
repeals subsection 95A-3(2), therefore the text that is currently
in subsection 95A-3(1) will become the only text in this
section.

Item 41
- At the end of subsection 95A-3(1)

37. Subsection
95A-3(1) deals with acting Aged Care Commissioner
appointments. A note is being added to refer readers to the
acting appointment provisions contained in section 33A of the Acts
Interpretation Act.

Item 42
- Subsections 95A-3(2)

38. This item
repeals subsection 95A-3(2) which specifies certain conditions when
actions taken will not be invalid. This is a rule that is
being added by section 33AB of the Acts Interpretation Act (see
item 75 of Schedule 1 to this Bill) and therefore does not
need to be repeated in the Aged Care Act 1997. Item 41
adds a note to refer readers to section 33A of the Acts
Interpretation Act.

Item 43
- Clause 1 of Schedule 1 (definition of business
day )

39. The
definition of ‘business day’ in Schedule 1 to the
Aged Care Act 1997 is being repealed because a definition of
business day is being included in the Acts Interpretation Act that
will apply (see item 4 of Schedule 1). The meaning remains
the same.

40. The
definition of ‘document’ in subsection 3(1) of the
Agricultural and Veterinary Chemical Products (Collection of
Levy) Act 1994 is being repealed so that the new definition of
document in section 2B of the Acts Interpretation Act applies (see
item 4 of Schedule 1).

Agricultural
and Veterinary Chemicals Act 1994

Item 45
- Subsection 3(3)

41. Subsection
3(3) of the Agricultural and Veterinary Chemicals Act 1994
refers to the interpretation of a reference to the law of the
Commonwealth as currently set out in subsection 22(3) of the Acts
Interpretation Act. Item 4 of Schedule 1 to this Bill moves
this provision to new section 2H, so this item updates the
cross-reference.

Agricultural
and Veterinary Chemicals (Administration) Act
1992

Item 46
- Section 18 (note)

42. The note
to section 18 refers to subsection 33(4A) of the Acts
Interpretation Act. Schedule 1 to this Bill moves the content
of subsection 33(4A) to new section 33AA (see item 75), so the
cross-reference is being updated.

Item 47
- At the end of subsection 43(1)

43. Subsection
43(1) deals with acting Chief Executive Officer appointments.
A note is being added to refer readers to the acting appointment
provisions contained in section 33A of the Acts Interpretation
Act.

Item 48
- Subsection 43(5)

44. This item
repeals subsection 43(5) which specifies certain conditions when
actions taken will not be invalid. This is a rule that is
being added by section 33AB of the Acts Interpretation Act (see
item 75 of Schedule 1 to this Bill) and therefore does not
need to be repeated in the Agricultural and Veterinary Chemicals
(Administration) Act 1992 . Item 47 adds a note to refer
readers to section 33A of the Acts Interpretation
Act.

Agricultural
and Veterinary Chemicals Code Act 1994

Item 49
- Section 9

45. Section 9
of the Agricultural and Veterinary Chemicals Code Act 1994
refers to subsection 13(2) of the Acts Interpretation Act. As
section 13 is re-written by item 22 of Schedule 1 to this
Bill, this item updates the cross-reference so it is to subsection
13(1) of the Acts Interpretation Act.

Item 50
- Subsection 3(1) of the Code set out in the Schedule
(definition of document )

46. The
definition of ‘document’ in subsection 3(1) of the Code
set out in the Schedule to the Agricultural and Veterinary
Chemicals Code Act 1994 is being repealed so that the new
definition of document in section 2B of the Acts Interpretation Act
applies (see item 4 of Schedule 1).

Item 51
- Subparagraph 56D(5)(a)(viii) of the Code set out in the
Schedule

47. This item
updates a reference to ‘Standards Australia International
Limited’ due to the new definition being added to the Acts
Interpretation Act (see new section 2B inserted by item 4
of Schedule 1 to this Bill).

Air
Navigation Act 1920

Item 52
- Subsection 11A(4) (definition of Australian
citizen )

48. The
definition of ‘Australian citizen’ in subsection 11A(4)
of the Air Navigation Act 1920 is being repealed because a
definition is being included in new section 2B of the Acts
Interpretation Act (see item 4 of Schedule 1). The
meaning remains the same.

Airports
Act 1996

Item 53
- Subsection 71(8)

49. This item
updates a reference to ‘Australian Standard AS2021 -
1994’ in the Airports Act 1996 to reflect the new rule
for interpreting Australian Standards numbers in the Acts
Interpretation Act (see new section 2L inserted by item 4
of Schedule 1 to this Bill).

Item 54
- Subsection 89(4) (note)

50. The note
to subsection 89(4) refers to subsection 46(3) of the Acts
Interpretation Act. The content of subsection 46(3) is being
moved to new subsection 33(3AB) (see item 71 in Schedule 1 to this
Bill), therefore the cross-reference is being updated.

Item 55
- Subsection 91(6)

Item 56
- Paragraph 100(2)(d)

Item 57
- Paragraph 107(2)(d)

Item 58
- Subsection 132(3A)

Item 59
- Subsection 133(3A)

51. These
items update references to ‘the Standards Association of
Australia’ and ‘Australian Standard AS2021 -
1994’ in the Airports Act 1996 to reflect the new
definition in the Acts Interpretation Act and the new rule for
interpreting Australian Standards numbers (see new section 2L
inserted by item 4 of Schedule 1 to this
Bill).

Airports
(Transitional) Act 1996

Item 60
- Subsection 55(3)

52. The
definition of ‘modifications’ in subsection 55(3) of
the Airports (Transitional) Act 1996 is being repealed
because a definition of modifications is being included in new
section 2B of the Acts Interpretation Act (see item 4 of
Schedule 1). The meaning remains the same.

Air
Services Act 1995

Item 61
- At the end of subsections 33(1), (3) and (4)

53. Subsections
33(1), (3) and (4) deal with acting Chairperson, Deputy Chairperson
and member appointments respectively. Notes are being added
to refer readers to the acting appointment provisions contained in
section 33A of the Acts Interpretation Act.

Item 62
- Subsection 33(5)

54. This item
repeals subsection 33(5) which specifies certain conditions when
actions taken will not be invalid. This is a rule that is
being added by section 33AB of the Acts Interpretation Act (see
item 75 of Schedule 1 to this Bill) and therefore does not
need to be repeated in the Air Services Act 1995. Item
61 adds notes to refer readers to section 33A of the Acts
Interpretation Act.

Item 63
- At the end of subsection 41(1)

55. Subsection
41(1) deals with acting Chief Executive Officer appointments.
A note is being added to refer readers to the acting appointment
provisions contained in section 33A of the Acts Interpretation
Act.

Item 64
- Subsection 41(4)

56. This item
repeals subsection 41(4) which specifies certain conditions when
actions taken will not be invalid. This is a rule that is
being added by section 33AB of the Acts Interpretation Act (see
item 75 of Schedule 1 to this Bill) and therefore does not
need to be repeated in the Air Services Act 1995. Item
63 adds a note to refer readers to section 33A of the Acts
Interpretation Act.

A New Tax
System (Medicare Levy Surcharge - Fringe Benefits) Act
1999

Item 65
- Paragraph 7(1)(a)

57. This
paragraph refers to the definition of ‘registered
relationship’ in section 22B of the Acts Interpretation
Act. Item 4 of Schedule 1 to this Bill moves this definition
to new section 2E, so this item updates the
cross-reference.

Antarctic
Treaty (Environment Protection) Act 1980

Item 66
- Subsection 3(1) (definition of continental
shelf )

58. The
definition of ‘continental shelf’ in subsection 3(1) of
the Antarctic Treaty (Environment Protection) Act 1980 is
being repealed because a definition of continental shelf is being
included in the Acts Interpretation Act that will apply (see item 4
of Schedule 1). The meaning remains the
same.

Anti-Money
Laundering and Counter-Terrorism Financing Act
2006

Item 67
- Subsection 164(1) (note 1)

59. The note
to subsection 164(1) refers to subsection 46(3) of the Acts
Interpretation Act. The content of subsection 46(3) is being
moved to new subsection 33(3AB) (see item 71 in Schedule 1 to this
Bill), therefore the cross-reference is being updated.

Item 68
- subsection 214(3) (note)

60. The note
to subsection 214(3) of the Anti-Money Laundering and
Counter-Terrorism Financing Act 2006 refers to subsection 33(4A)
of the Acts Interpretation Act. Schedule 1 to this Bill moves
the content of subsection 33(4A) to new section 33AA (see
item 75), so this item updates the cross-reference.

Item 69
- Subsection 221(1)

61. This item
removes the number (1) from subsection 221(1) because item 71
repeals subsection 221(2), therefore the text that is currently in
subsection 221(1) will become the only text in this
section.

Item 70
- At the end of subsection 221(1)

62. Subsection
221(1) deals with acting Australian Transaction Reports and
Analysis Centre Chief Executive Officer appointments. A note
is being added to refer readers to the acting appointment
provisions contained in section 33A of the Acts Interpretation
Act.

Item 71
- Subsection 221(2)

63. This item
repeals subsection 221(2) which specifies certain conditions when
actions taken will not be invalid. This is a rule that is
being added by section 33AB of the Acts Interpretation Act (see
item 75 of Schedule 1 to this Bill) and therefore does not
need to be repeated in the Anti-Money Laundering and
Counter-Terrorism Financing Act 2006 . Item 70 adds a note
to refer readers to section 33A of the Acts Interpretation
Act.

Item
72 - Paragraph 249(b)

64. Paragraph
249(b) refers to subsection 46(3) of the Acts Interpretation
Act. The content of subsection 46(3) is being moved to new
subsection 33(3AB) (see item 71 in Schedule 1 to this Bill),
therefore the cross-reference is being updated.

Anti-Personnel
Mines Convention Act 1998

Item 73
- Subsection 8(1) (note)

Item 74
- Subsections 13(3) and (4) (note)

65. These
notes contain references to subsection 46(2) of the Acts
Interpretation Act. That subsection was repealed by the
Legislative Instruments (Transitional Provisions and
Consequential Amendments) Act 2003 and, with respect to
non-legislative instruments, replaced by subsection 46(3) of the
Acts Interpretation Act. As the content of
subsection 46(3) is being moved to new subsection 33(3AB) (see
item 71 in Schedule 1 to this Bill), the cross-references are being
updated.

Archives
Act 1983

Item 75
- Subsection 3(1) (note at the end of the definition of
record )

66. The
definition of ‘record’ in subsection 3(1) of the
Archives Act 1983 includes the word
‘document’. There is a note at the end of the
definition that refers readers to the definition of
‘document’ in section 25 of the Acts Interpretation
Act. Item 4 of Schedule 1 to this Bill moves the
definition of ‘document’ to new section 2B in new Part
2 of the Acts Interpretation Act, so this item updates the note so
readers are referred to the correct section of the Acts
Interpretation Act.

Item 76
- Subsection 3C(1) (note)

67. The note
in subsection 3C(1) of the Archives Act 1983 refers to
subsection 46(3) of the Acts Interpretation Act. Subsection
46(3) is being moved by Schedule 1 to this Bill, so the note is
being updated with a revised cross-reference to subsection 33(3AB)
(see items 71 and 106 of Schedule 1).

Auditor-General
Act 1997

Item 77
- Subsection 56(3) (definition of
modifications )

68. The
definition of ‘modifications’ in subsection 56(3) of
the Auditor-General Act 1997 is being repealed because a
definition is being included in new section 2B of the Acts
Interpretation Act (see item 4 of Schedule 1). The
meaning remains the same.

Item 78
- At the end of subclause 7(1) of Schedule 1

69. Subclause
7(1) of Schedule 1 to the Auditor-General Act 1997 makes provision
for acting Auditor-General appointments. A note is being
added to refer readers to section 33A of the Acts Interpretation
Act so that they are aware of the general rules in that
section.

Item 79
- Subclause 7(2) of Schedule 1

70. Subclause
7(2) of Schedule 1 to the Auditor-General Act 1997 specifies
certain instances when an acting appointment is not invalid.
These rules are being specified in section 33A of the Acts
Interpretation Act (see item 76 of Schedule 1 to this Bill), so the
subclause is being repealed to avoid repetition.

Item 80
- Subclause 7(3) of Schedule 1 (note)

71. This item
repeals the note at the end of subclause 7(3) (which refers readers
to section 33A of the Acts Interpretation Act) because the note
that is being added to subclause 7(1) by item 78 will serve the
same purpose.

Item 81
- Subclause 6(1) of Schedule 2

72. This item
removes the number (1) from existing subclause 6(1) because item 83
repeals subclause 6(2), therefore the text that is currently in
subclause 6(1) will become the only text in this clause.

Item 82
- At the end of subclause 6(1) of Schedule 2

73. Item 83
removes some text that has now been included in section 33A of the
Acts Interpretation Act, so item 82 inserts a note to refer readers
to section 33A of the Acts Interpretation Act.

Item 83
- Subclause 6(2) of Schedule 2

74. Clause 6
of Schedule 2 to the Auditor-General Act 1997 deals with
acting Independent Auditor appointments. Subclause 6(2) sets
out certain conditions when action is not invalid. These same
conditions are being added by section 33AB of the Acts
Interpretation Act (see item 75 of Schedule 1 to this Bill)
therefore subclause 6(2) is being repealed to avoid
repetition. Item 82 adds a note to clause 6 to refer readers
to section 33A of the Acts Interpretation Act.

AusCheck
Act 2007

Item 84
- Subsection 4(1) (note at the end of the definition of
AusCheck staff member )

75. This note
refers to the definition of ‘APS employee’ in section
17AA of the Acts Interpretation Act. Item 4 of Schedule 1 to
this Bill moves this definition to new section 2B, so this
item updates the cross-reference.

Item 85
- Subsection 12(1) (note)

76. This note
refers to the definitions of ‘APS employee’, ‘SES
employee’ and ‘acting SES employee’ in section
17AA of the Acts Interpretation Act. Item 4 of Schedule 1 to
this Bill moves these definitions to new section 2B, so this
item updates the cross-reference.

78. Section 15
of the Australia Council Act 1975 deals with acting
Chairperson appointments. This item adds a note to refer
readers to section 33A of the Acts Interpretation Act which sets
out general rules for acting appointments.

Item 88
- Subsection 15(2)

79. Subsection
20(2) provides that ‘A person appointed under subsection (1)
to act as Chairperson shall not continue so to act for more than 12
months’. This is a rule set out in existing paragraph
33A(1)(ba) of the Acts Interpretation Act, which provides that
‘where the appointment is to act in a vacant office, the
appointee must not continue to act in the office for more than 12
months’. Therefore this rule does not need to be
repeated in the Australia Council Act 1975 and due to the
note added by item 87, readers will know to refer to section 33A of
the Acts Interpretation Act.

Item 89
- At the end of subsection 15(3)

80. Section 15
of the Australia Council Act 1975 deals with acting
Chairperson of the Council arrangements. This item adds a
note to refer readers to section 33A of the Acts Interpretation Act
which sets out general rules for acting appointments.

Item 90
- Subsections 15(4), (5) and (7)

81. Subsections
15(4), (5) and (7) (ie. not subsection (6) as this is specific to
the Australia Council) are being repealed because they repeat rules
found in section 33A of the Acts Interpretation Act (as amended by
item 76 of Schedule 1 to this Bill). Item 94 adds a note
so readers are aware of section 33A of the Acts Interpretation
Act.

Item 91
- Subsection 19E(1)

82. This item
removes the number (1) from subsection 19E(1) because item 95
repeals subsections 19E(2) to (6), therefore the text that is
currently in subsection 19E(1) will become the only text in this
section.

Item 92
- Paragraph 19E(1)(b)

83. This item
replaces the semicolon after the phrase ‘General
Manager’ with a full stop because item 93 removes the
text that currently follows the phrase ‘General
Manager’.

Item 93
- Subsection 19E(1)

84. Subsection
19E(1) provides that ‘but a person appointed to act during a
vacancy shall not continue so to act for more than 12
months’. This is a rule set out in existing paragraph
33A(1)(ba) of the Acts Interpretation Act, which provides that
‘where the appointment is to act in a vacant office, the
appointee must not continue to act in the office for more than 12
months’. Therefore this rule does not need to be
repeated in the Australia Council Act 1975 and due to the
note added by item 94, readers will know to refer to section 33A of
the Acts Interpretation Act.

Item 94
- At the end of subsection 19E(1)

85. Section
19E of the Australia Council Act 1975 deals with acting
General Manager appointments. This item adds a note to refer
readers to section 33A of the Acts Interpretation Act which sets
out general rules for acting appointments.

Item 95
- Subsections 19E(2) to (6)

86. Subsections
19E(2) to (6) are being repealed because they repeat rules found in
section 33A of the Acts Interpretation Act (as amended by
item 76 of Schedule 1 to this Bill). Item 94 adds a note
so readers are aware of section 33A of the Acts Interpretation
Act.

Item 96
- Paragraph 28(1)(b)

87. This item
replaces the semicolon after the word ‘Chairperson’
with a full stop because item 97 removes the text that
currently follows the word ‘Chairperson’.

Item 97
- Subsection 28(1)

88. Subsection
28(1) provides that ‘but a person appointed to act during a
vacancy shall not continue so to act for more than 12
months’. This is a rule set out in existing paragraph
33A(1)(ba) of the Acts Interpretation Act, which provides that
‘where the appointment is to act in a vacant office, the
appointee must not continue to act in the office for more than 12
months’. Therefore this rule does not need to be
repeated in the Australia Council Act 1975 and due to the
note added by item 98, readers will know to refer to section 33A of
the Acts Interpretation Act.

Item 98
- At the end of subsection 28(1)

89. Section 28
of the Australia Council Act 1975 deals with acting
Chairperson of the Board appointments. This item adds a note
to refer readers to section 33A of the Acts Interpretation Act
which sets out general rules for acting appointments.

Item 99
- Subsections 28(2) to (4) and (7)

90. Subsections
28(2) to (4) and (7) are being repealed because they repeat rules
found in section 33A of the Acts Interpretation Act (as amended by
item 76 of Schedule 1 to this Bill). Item 98 adds a note
so readers are aware of section 33A of the Acts Interpretation
Act.

Australian
Astronomical Observatory Act 2010

Item 100
- Subsection 9(2) (note 2)

91. This note
refers to the definition of ‘SES employee’ in section
17AA of the Acts Interpretation Act. Item 4 of Schedule 1 to
this Bill moves this definition to new section 2B, so this
item updates the cross-reference.

Item 101
- Subsection 10(1)

92. This item
removes the number (1) from subsection 10(1) because item 105
repeals subsection 10(2), therefore the text that is currently in
subsection 10(1) will become the only text in this
section.

Item 102
- Subsection 10(1) (note)

93. This item
labels the existing note at the end of subsection 10(1) ‘note
1’ because item 104 adds another note to this
subsection.

Item 103
- Subsection 10(1) (note)

94. This note
refers to the definition of ‘APS employee’ in section
17AA of the Acts Interpretation Act. Item 4 of Schedule 1 to
this Bill moves this definition to new section 2B, so this
item updates the cross-reference.

Item 104
- At the end of subsection 10(1)

95. Subsection
10(1) deals with acting Director appointments. A note is
being added to refer readers to the acting appointment provisions
contained in section 33A of the Acts Interpretation
Act.

Item 105
- Subsection 10(2)

96. This item
repeals subsection 10(2) which specifies certain conditions when
actions taken will not be invalid. This is a rule that is
being added by section 33AB of the Acts Interpretation Act (see
item 75 of Schedule 1 to this Bill) and therefore does not
need to be repeated in the Australian Astronomical Observatory
Act 2010. Item 104 adds a note to refer readers to
section 33A of the Acts Interpretation Act.

Item 106
- Subsection 15(2) (note)

97. The note
to subsection 15(2) refers to subsection 33(4A) of the Acts
Interpretation Act. Schedule 1 to this Bill moves the content
of subsection 33(4A) to new section 33AA (see item 75), so the
note is being updated for consistency with notes of this kind in
other Commonwealth Acts.

Australian
Broadcasting Corporation Act 1983

Item 107
- Subsection 19(1)

98. This item
removes the number (1) from subsection 19(1) because item 109
repeals subsections 19(2), (3) and (4). Therefore, the text
that is currently in subsection 19(1) will become the only text in
this section.

Item 108
- At the end of subsection 19(1)

99. Subsection
19(1) deals with acting Chairperson arrangements. A note is
being added to refer readers to the acting appointment provisions
contained in section 33A of the Acts Interpretation
Act.

Item 109
- Subsections 19(2), (3) and (4)

100. Subsections
19(2), (3) and (4) are being repealed because they repeat rules
found in section 33A of the Acts Interpretation Act (as
amended by item 76 of Schedule 1 to this Bill).
Item 108 adds a note so readers are aware of section 33A of
the Acts Interpretation Act.

Item 110
- Paragraph 20(1)(b)

101. This item
replaces the semicolon after the word ‘office’ with a
full stop because item 111 removes the text that currently
follows the word ‘office’.

Item 111
- Subsection 20(1)

102. Subsection
20(1) provides that ‘but a person appointed to act during a
vacancy shall not continue so to act for more than 12
months’. This is a rule set out in existing
paragraph 33A(1)(ba) of the Acts Interpretation Act, which
provides that ‘where the appointment is to act in a vacant
office, the appointee must not continue to act in the office for
more than 12 months’. Therefore this rule does not need
to be repeated in the Australian Broadcasting Corporation Act
1983 and due to the note added by item 112, readers will know
to refer to section 33A of the Acts Interpretation Act.

Item 112
- At the end of subsection 20(1)

103. Subsection
20(1) deals with acting Managing Director appointments. A
note is being added to refer readers to the acting appointment
provisions contained in section 33A of the Acts Interpretation
Act.

Item 113
- Subsections 20(2), (5), (7) and (9)

104. Subsections
20(2), (5), (7) and (9) are being repealed because they repeat
rules found in section 33A of the Acts Interpretation Act (as
amended by item 76 of Schedule 1 to this Bill). Item 112
adds a note so readers are aware of section 33A of the Acts
Interpretation Act.

Item 114
- At the end of subsection 21(1)

105. Subsection
21(1) deals with acting non-executive Director appointments.
A note is being added to refer readers to the acting appointment
provisions contained in section 33A of the Acts Interpretation
Act.

Item 115
- Subsections 21(4), (5) and (6)

106. Subsections
21(4), (5) and (6) are being repealed because they repeat rules
found in section 33A of the Acts Interpretation Act (as
amended by item 76 of Schedule 1 to this Bill).
Item 114 adds a note so readers are aware of section 33A of
the Acts Interpretation Act.

Australian
Bureau of Statistics Act 1975

Item 116
- Subsection 15(1)

107. Subsection
15(1) provides that ‘but a person appointed to act during a
vacancy shall not continue so to act for more than 12
months’. This is a rule set out in existing paragraph
33A(1)(ba) of the Acts Interpretation Act, which provides that
‘where the appointment is to act in a vacant office, the
appointee must not continue to act in the office for more than 12
months’. Therefore this rule does not need to be
repeated in the Australian Bureau of Statistics Act 1975 and
due to the note added by item 117, readers will know to refer to
section 33A of the Acts Interpretation Act.

Item 117
- At the end of subsection 15(1)

108. Subsection
15(1) deals with acting Statistician appointments. A note is
being added to refer readers to the acting appointment provisions
contained in section 33A of the Acts Interpretation
Act.

Item 118
- Subsections 15(2), (3), (5) and (6)

109. Subsections
15(2), (3), (5) and (6) are being repealed because they repeat
rules found in section 33A of the Acts Interpretation Act (as
amended by item 76 of Schedule 1 to this Bill). Item 117
adds a note so readers are aware of section 33A of the Acts
Interpretation Act.

Australian
Capital Territory Government Service (Consequential Provisions) Act
1994

Item 119
- Subsection 23(2)

110. Subsection
23(2) refers to section 8 of the Acts Interpretation Act, which is
replaced by section 7 by item 13 of Schedule 1 to this Bill,
therefore the cross-reference is being updated.

Australian
Capital Territory (Planning and Land Management) Act
1988

Item 120
- At the end of subsections 37(1), (2) and (3)

111. Section 37
of the Australian Capital Territory (Planning and Land
Management) Act 1988 concerns acting appointments. This
item adds a note at the end of subsections 37(1), (2) and (3) to
refer readers to section 33A of the Acts Interpretation Act.
This is so that readers of the Australian Capital Territory
(Planning and Land Management) Act 1988 are aware of the
amendments to the Acts Interpretation Act made by Schedule 1
to this Bill to the rules about acting appointments. That is,
item 76 of Schedule 1 adds new subsections to section
33A.

Item 121
- Subsections 37(4) and (5)

112. Subsections
37(4) and (5) are being repealed. Subsection 37(4) provides
that ‘a person appointed to act during a vacancy shall not
continue so to act for a continuous period of more than 12
months’. This is a rule set out in existing paragraph
33A(1)(ba) of the Acts Interpretation Act, which provides that
‘where the appointment is to act in a vacant office, the
appointee must not continue to act in the office for more than 12
months’.

113. Subsection
37(5) provides a rule about acting appointments that is the same as
the amendments to section 33A of the Acts Interpretation Act made
by item 76 of Schedule 1.

114. Therefore
these rules do not need to be repeated in the Australian Capital
Territory (Planning and Land Management) Act 1988 and due to
the note added by item 120, readers will know to refer to section
33A of the Acts Interpretation Act.

Australian
Centre for International Agricultural Research Act
1982

Item 122
- Subsection 14(1)

115. This item
removes the number (1) from subsection 14(1) because item 124
repeals subsection 14(2), therefore the text that is currently in
subsection 14(1) will become the only text in this
section.

Item 123
- Subsection 14(1) (note)

116. Subsection
14(1) deals with acting Commissioner appointments. There is
currently a note referring readers to section 33A of the Acts
Interpretation Act, but this is being updated for consistency with
notes of this kind in other Commonwealth Acts.

Item 124
- Subsection 14(2)

117. This item
repeals subsection 14(2) which specifies certain conditions when
actions taken will not be invalid. This is a rule that is
being added by section 33AB of the Acts Interpretation Act (see
item 75 of Schedule 1 to this Bill) and therefore does not
need to be repeated in the Australian Centre for International
Agricultural Research Act 1982. Item 123 adds a note to
refer readers to section 33A of the Acts Interpretation
Act.

Item 125
- Subsection 29(1)

118. This item
removes the number (1) from subsection 29(1) because item 127
repeals subsection 29(2), therefore the text that is currently in
subsection 29(1) will become the only text in this
section.

Item 126
- Subsection 29(1) (note)

119. Subsection
29(1) deals with acting CEO appointments. There is currently
a note referring readers to section 33A of the Acts Interpretation
Act, but this is being updated for consistency with notes of this
kind in other Commonwealth Acts.

Item 127
- Subsection 29(2)

120. This item
repeals subsection 29(2) which specifies certain conditions when
actions taken will not be invalid. This is a rule that is
being added by section 33AB of the Acts Interpretation Act (see
item 75 of Schedule 1 to this Bill) and therefore does not
need to be repeated in the Australian Centre for International
Agricultural Research Act 1982. Item 126 adds a note to
refer readers to section 33A of the Acts Interpretation
Act.

Australian
Centre for Renewable Energy Act 2010

Item 128
- Section 9 (note)

121. The note
to section 9 of the Australian Centre for Renewable Energy Act
2010 refers to subsection 33(4A) of the Acts Interpretation
Act. Schedule 1 to this Bill moves the content of subsection
33(4A) to new section 33AA (see item 75), so this item updates
the cross-reference.

Item 129
- At the end of subsection 10(1)

122. Subsection
10(1) deals with acting Chair appointments. A note is being
added to refer readers to the acting appointment provisions
contained in section 33A of the Acts Interpretation
Act.

Item 130
- Subsection 10(2) (note)

123. Subsection
10(2) deals with acting appointed member appointments. There
is currently a note referring readers to section 33A of the Acts
Interpretation Act, but this is being updated for consistency with
notes of this kind in other Commonwealth Acts.

Item 131
- Subsection 10(3)

124. This item
repeals subsection 10(3) of the Australian Centre for Renewable
Energy Act 2010 as it specifies certain conditions when actions
taken will not be invalid. This is a rule that is being added
by section 33AB of the Acts Interpretation Act (see item 75 of
Schedule 1 to this Bill) and therefore does not need to be repeated
in the Australian Centre for Renewable Energy Act
2010. Item 130 adds a note to refer readers to section
33A of the Acts Interpretation Act.

Australian
Communications and Media Authority Act 2005

Item 132
- Paragraph 8(1)(e)

Item 133
- Paragraph 9(d)

125. These
items update references to ‘Standards Australia International
Limited’ in the Australian Communications and Media
Authority Act 2005 to reflect a new definition in the Acts
Interpretation Act (see new section 2B inserted by item 4
of Schedule 1 to this Bill).

Item 134
- At the end of subsections 23(1) and (2)

126. Subsections
23(1) and (2) deal with acting member appointments. A note is
being added to refer readers to the acting appointment provisions
contained in section 33A of the Acts Interpretation
Act.

Item 135
- Subsection 23(3)

127. This item
repeals subsection 23(3) which specifies certain conditions when
actions taken will not be invalid. This is a rule that is
being added by section 33AB of the Acts Interpretation Act (see
item 75 of Schedule 1 to this Bill) and therefore does not
need to be repeated in the Australian Communications and Media
Authority Act 2005 . Item 134 adds a note to refer readers
to section 33A of the Acts Interpretation Act.

Item 136
- Subsection 26(1)

128. This item
removes the number (1) from subsection 26(1) because item 138
repeals subsection 26(2). Therefore, the text that is
currently in subsection 26(1) will become the only text in this
section.

Item 137
- At the end of subsection 26(1)

129. Subsection
26(1) deals with acting associate member appointments. A note
is being added to refer readers to the acting appointment
provisions contained in section 33A of the Acts Interpretation
Act.

Item 138
- Subsection 26(2)

130. This item
repeals subsection 26(2) which specifies certain conditions when
actions taken will not be invalid. This is a rule that is
being added by section 33AB of the Acts Interpretation Act (see
item 75 of Schedule 1 to this Bill) and therefore does not
need to be repeated in the Australian Communications and Media
Authority Act 2005. Item 137 adds a note to refer readers
to section 33A of the Acts Interpretation Act.

Australian
Crime Commission Act 2002

Item 139
- Subsection 46(1)

131. This item
removes the number (1) from subsection 46(1) because item 141
repeals subsection 46(2), therefore the text that is currently in
subsection 46(1) will become the only text in this
section.

Item 140
- At the end of subsection 46(1)

132. Subsection
46(1) deals with acting CEO appointments. A note is being
added to refer readers to the acting appointment provisions
contained in section 33A of the Acts Interpretation
Act.

Item 141
- Subsection 46(2)

133. This item
repeals subsection 46(2) which specifies certain conditions when
actions taken will not be invalid. This is a rule that is
being added by section 33AB of the Acts Interpretation Act (see
item 75 of Schedule 1 to this Bill) and therefore does not
need to be repeated in the Australian Crime Commission Act
2002 . Item 140 adds a note to refer readers to section
33A of the Acts Interpretation Act.

Australian
Curriculum, Assessment and Reporting Authority Act
2008

Item 142
- Subsection 14(1) (note)

134. The note
to subsection 14(1) of the Australian Curriculum, Assessment and
Reporting Authority Act 2008 refers to subsection 33(4A) of the
Acts Interpretation Act. Schedule 1 to this Bill moves the
content of subsection 33(4A) to new section 33AA (see
item 75), so this item updates the
cross-reference.

Item 143
- At the end of subsection 15(1)

135. Subsection
15(1) deals with acting Chair arrangements. A note is being
added to refer readers to the acting appointment provisions
contained in section 33A of the Acts Interpretation
Act.

Item 144
- Subsections 15(2) and (3)

136. Subsections
15(2) and (3) are being repealed because they repeat rules found in
section 33A of the Acts Interpretation Act (as amended by
item 76 of Schedule 1 to this Bill). Item 143 adds a
note so readers are aware of section 33A of the Acts Interpretation
Act.

Item 145
- At the end of subsection 15(4)

137. Subsection
15(4) deals with acting Deputy Chair appointments. A note is
being added to refer readers to the acting appointment provisions
contained in section 33A of the Acts Interpretation
Act.

Item 146
- Subsection 15(5)

138. This item
repeals subsection 15(5) which specifies certain conditions when
actions taken will not be invalid. This is a rule that is
being added by section 33AB of the Acts Interpretation Act (see
item 75 of Schedule 1 to this Bill) and therefore does not
need to be repeated in the Australian Curriculum, Assessment and
Reporting Authority Act 2008 . Item 145 adds a note
to refer readers to section 33A of the Acts Interpretation
Act.

Item 147
- Subsection 25(1) (note)

139. The note
to subsection 25(1) of the Australian Curriculum, Assessment and
Reporting Authority Act 2008 refers to subsection 33(4A) of the
Acts Interpretation Act. Schedule 1 to this Bill moves the
content of subsection 33(4A) to new section 33AA (see
item 75), so this item updates the
cross-reference.

Item 148
- Subsection 26(1)

140. This item
removes the number (1) from subsection 26(1) because item 150
repeals subsection 26(2), therefore the text that is currently in
subsection 26(1) will become the only text in this
section.

Item 149
- At the end of subsection 26(1)

141. Subsection
26(1) deals with acting CEO appointments. A note is being
added to refer readers to the acting appointment provisions
contained in section 33A of the Acts Interpretation
Act.

Item 150
- Subsection 26(2)

142. This item
repeals subsection 26(2) which specifies certain conditions when
actions taken will not be invalid. This is a rule that is
being added by section 33AB of the Acts Interpretation Act (see
item 75 of Schedule 1 to this Bill) and therefore does not
need to be repeated in the Australian Curriculum, Assessment and
Reporting Authority Act 2008. Item 149 adds a note to
refer readers to section 33A of the Acts Interpretation
Act.

Australian
Federal Police Act 1979

Item 151
- Subsection 18(1)

143. Subsection
18(1) provides that ‘but a person appointed to act during a
vacancy shall not continue so to act for more than 12
months’. This is a rule set out in existing paragraph
33A(1)(ba) of the Acts Interpretation Act, which provides that
‘where the appointment is to act in a vacant office, the
appointee must not continue to act in the office for more than 12
months’. Therefore this rule does not need to be
repeated in the Australian Federal Police Act 1979 and due to
the note added by item 152, readers will know to refer to section
33A of the Acts Interpretation Act.

Item 152
- At the end of subsection 18(1)

144. Subsection
18(1) deals with acting Commissioner and Deputy Commissioner
appointments. A note is being added to refer readers to the
acting appointment provisions contained in section 33A of the Acts
Interpretation Act.

Item 153
- Subsections 18(3), (4) and (5)

145. Subsections
18(3), (4) and (5) are being repealed because they repeat rules
found in section 33A of the Acts Interpretation Act (as amended by
item 76 of Schedule 1 to this Bill). Item 152 adds a
note so readers are aware of section 33A of the Acts Interpretation
Act.

Australian
Film, Television and Radio School Act 1973

Item 154
- At the end of subsection 31(1)

146. Section 31
of the Australian Film, Television and Radio School Act 1973
makes provision for an acting Director. This item adds a note
to refer readers to section 33A of the Acts Interpretation Act
which sets out general rules for acting appointments.

Item 155
- Subsections 31(3) to (7)

147. Section 31
of the Australian Film, Television and Radio School Act 1973
makes provision for an acting Director. Subsections 31(3) to
(7) repeat general rules in relation to acting appointments that
can be found in section 33A of the Acts Interpretation Act (as
amended by item 76 of Schedule 1 to this Bill), therefore
subsections 31(3) to (7) are being repealed to avoid
repetition.

Australian
Hearing Services Act 1991

Item 156
- Subsections 8(4), (5), (6), (7) and (8)
(note)

148. These
notes contain references to subsection 46(2) of the Acts
Interpretation Act. That subsection was repealed by the
Legislative Instruments (Transitional Provisions and
Consequential Amendments) Act 2003 and therefore the
cross-references are being replaced by references to subsection
13(3) of the Legislative Instruments Act
2003 .

Item 157
- At the end of subsections 32(1) and (2)

149. Subsections
32(1) and (2) deal with acting Chairperson and Director
appointments respectively. Notes are being added to refer
readers to the acting appointment provisions contained in section
33A of the Acts Interpretation Act.

Item 158
- Subsections 32(3) and (4)

150. Subsections
32(3) and (4) are being repealed. Subsection 32(3) provides
that ‘A person appointed to act during a vacancy under
paragraph (1)(a) or (2)(a) must not continue so to act for
more than 12 months’. This is a rule set out in
existing paragraph 33A(1)(ba) of the Acts Interpretation Act, which
provides that ‘where the appointment is to act in a vacant
office, the appointee must not continue to act in the office for
more than 12 months’.

151. Subsection
32(4) provides a rule about acting appointments that is the same as
the amendments to section 33A of the Acts Interpretation Act made
by item 76 of Schedule 1.

152. Therefore
these rules do not need to be repeated in the Australian Hearing
Services Act 1991 and due to the notes added by item 157,
readers will know to refer to section 33A of the Acts
Interpretation Act.

Item 159
- Paragraph 48(1)(b)

153. This item
replaces the semicolon after the word ‘office’ with a
full stop because item 160 removes the text that currently
follows the word ‘office’.

Item 160
- Subsection 48(1)

154. Subsection
48(1) provides that ‘but a person appointed to act during a
vacancy shall not continue so to act for more than 12
months’. This is a rule set out in existing paragraph
33A(1)(ba) of the Acts Interpretation Act, which provides that
‘where the appointment is to act in a vacant office, the
appointee must not continue to act in the office for more than 12
months’. Therefore this rule does not need to be
repeated in the Australian Hearing Services Act 1991 and due
to the note added by item 161, readers will know to refer to
section 33A of the Acts Interpretation Act.

Item 161
- At the end of subsection 48(1)

155. Subsection
48(1) deals with acting Managing Director appointments. A
note is being added to refer readers to the acting appointment
provisions contained in section 33A of the Acts Interpretation
Act.

Item 162
- Subsection 48(4)

156. This item
repeals subsection 48(4) which specifies certain conditions when
actions taken will not be invalid. This is a rule that is
being added by section 33AB of the Acts Interpretation Act (see
item 75 of Schedule 1 to this Bill) and therefore does not
need to be repeated in the Australian Hearing Services Act
1991. Item 161 adds a note to refer readers to section
33A of the Acts Interpretation Act.

Australian
Human Rights Commission Act 1986

Item 163
- At the end of subsections 36(2) and (3)

157. Subsections
36(2) and (3) deal with acting President and Human Rights
Commissioner appointments respectively. Notes are being added
to refer readers to the acting appointment provisions contained in
section 33A of the Acts Interpretation Act.

Item 164
- Subsection 36(10)

158. This item
repeals subsection 36(10) which specifies certain conditions when
actions taken will not be invalid. This is a rule that is
being added by section 33AB of the Acts Interpretation Act (see
item 75 of Schedule 1 to this Bill) and therefore does not
need to be repeated in the Australian Human Rights Commission
Act 1986. Item 163 adds notes to refer readers to section
33A of the Acts Interpretation Act.

Item 165
- Subsection 46J(1)

159. This item
removes the number (1) from subsection 46J(1) because item 167
repeals subsection 46J(2), therefore the text that is currently in
subsection 46J(1) will become the only text in this
section.

Item 166
- At the end of subsection 46J(1)

160. Subsection
46J(1) deals with acting Commissioner appointments. A note is
being added to refer readers to the acting appointment provisions
contained in section 33A of the Acts Interpretation
Act.

Item 167
- Subsection 46J(2)

161. This item
repeals subsection 46J(2) which specifies certain conditions when
actions taken will not be invalid. This is a rule that is
being added by section 33AB of the Acts Interpretation Act (see
item 75 of Schedule 1 to this Bill) and therefore does not
need to be repeated in the Australian Human Rights Commission
Act 1986. Item 166 adds a note to refer readers to
section 33A of the Acts Interpretation Act.

Australian
Information Commissioner Act 2010

Item 168
- Subsection 14(4) (note)

162. The note
to subsection 14(4) of the Australian Information Commissioner
Act 2010 refers to subsection 33(4A) of the Acts Interpretation
Act. Schedule 1 to this Bill moves the content of subsection
33(4A) to new section 33AA (see item 75), so this item updates
the cross-reference.

Item 169
- At the end of subsection 21(1)

163. Subsection
21(1) of the Australian Information Commissioner Act 2010
deals with acting appointments. A note is being added to
refer readers to the acting appointment provisions contained in
section 33A of the Acts Interpretation Act.

Item 170
- Subsections 21(2) and (4)

164. Section 21
of the Australian Information Commissioner Act 2010 makes
provision for an acting Information Commissioner. Subsections
21(2) and (4) repeat general rules in relation to acting
appointments that can be found in section 33A of the Acts
Interpretation Act (as amended by item 76 of Schedule 1 to
this Bill), therefore subsections 21(2) and (4) are being repealed
to avoid repetition.

165. Subsection
18(1) deals with acting Council Chairperson arrangements. A
note is being added to refer readers to the acting appointment
provisions contained in section 33A of the Acts Interpretation
Act.

Item 172
- At the end of subsections 18(2) and (5)

166. Subsections
18(2) and (5) deal with acting appointed Councillor and elected
Councillor appointments respectively. Notes are being added
to refer readers to the acting appointment provisions contained in
section 33A of the Acts Interpretation Act.

Item 173
- Subsection 18(7)

167. This item
repeals subsection 18(7) which specifies certain conditions when
actions taken will not be invalid. This is a rule that is
being added by section 33AB of the Acts Interpretation Act (see
item 75 of Schedule 1 to this Bill) and therefore does not
need to be repeated in the Australian Institute of Aboriginal
and Torres Strait Islander Studies Act 1989. Items 171
and 172 add notes to refer readers to section 33A of the Acts
Interpretation Act.

Australian
Institute of Health and Welfare Act 1987

Item 174
- Subsection 9(1)

168. This item
removes the number (1) from subsection 9(1) because item 178
repeals subsections 9(2) to (7), therefore the text that is
currently in subsection 9(1) will become the only text in this
section.

Item 175
- Paragraph 9(1)(b)

169. This item
replaces the semicolon after the word ‘office’ with a
full stop because item 176 removes the text that currently
follows the word ‘office’.

Item 176
- Subsection 9(1)

170. Subsection
9(1) provides that ‘but a person appointed to act during a
vacancy shall not continue so to act for more than 12
months’. This is a rule set out in existing paragraph
33A(1)(ba) of the Acts Interpretation Act, which provides that
‘where the appointment is to act in a vacant office, the
appointee must not continue to act in the office for more than 12
months’. Therefore this rule does not need to be
repeated in the Australian Institute of Health and Welfare Act
1987 and due to the note added by item 177, readers will know
to refer to section 33A of the Acts Interpretation Act.

Item 177
- At the end of subsection 9(1)

171. Subsection
9(1) deals with acting Chairperson, Director and member
appointments. A note is being added to refer readers to the
acting appointment provisions contained in section 33A of the Acts
Interpretation Act.

Item 178
- Subsections 9(2) to (7)

172. Subsections
9(2) to (7) are being repealed because they repeat rules found in
section 33A of the Acts Interpretation Act (as amended by
item 76 of Schedule 1 to this Bill). Item 177 adds
a note so readers are aware of section 33A of the Acts
Interpretation Act.

Australian
Institute of Marine Science Act 1972

Item 179
- Subsection 30(1)

173. This item
removes the number (1) from subsection 30(1) because item 183
repeals subsections 30(2) to (7), therefore the text that is
currently in subsection 30(1) will become the only text in this
section.

Item 180
- Paragraph 30(1)(b)

174. This item
replaces the semicolon after the word ‘office’ with a
full stop because item 181 removes the text that currently
follows the word ‘office’.

Item 181
- Subsection 30(1)

175. Subsection
30(1) provides that ‘but a person appointed to act during a
vacancy shall not continue so to act for more than 12
months’. This is a rule set out in existing paragraph
33A(1)(ba) of the Acts Interpretation Act, which provides that
‘where the appointment is to act in a vacant office, the
appointee must not continue to act in the office for more than 12
months’. Therefore this rule does not need to be
repeated in the Australian Institute of Marine Science Act
1972 and due to the note added by item 182, readers will know
to refer to section 33A of the Acts Interpretation Act.

Item 182
- At the end of subsection 30(1)

176. Subsection
30(1) deals with acting Chief Executive Officer appointments.
A note is being added to refer readers to the acting appointment
provisions contained in section 33A of the Acts Interpretation
Act.

Item 183
- Subsections 30(2) to (7)

177. Subsections
30(2) to (7) are being repealed because they repeat rules found in
section 33A of the Acts Interpretation Act (as amended by
item 76 of Schedule 1 to this Bill). Item 182 adds
a note so readers are aware of section 33A of the Acts
Interpretation Act.

Australian
Law Reform Commission Act 1996

Item 184
- At the end of subsections 13(1) and (2)

178. Subsections
13(1) and (2) deal with acting President and Deputy President
appointments respectively. Notes are being added to refer
readers to the acting appointment provisions contained in section
33A of the Acts Interpretation Act.

Item 185
- Subsection 13(4)

179. This item
repeals subsection 13(4) which specifies certain conditions when
actions taken will not be invalid. This is a rule that is
being added by section 33AB of the Acts Interpretation Act (see
item 75 of Schedule 1 to this Bill) and therefore does not
need to be repeated in the Australian Law Reform Commission Act
1996 . Item 184 adds notes to refer readers to section 33A
of the Acts Interpretation Act.

Item 186
- Subsection 14(1)

180. This item
removes the number (1) from subsection 14(1) because item 188
repeals subsection 14(2), therefore the text that is currently in
subsection 14(1) will become the only text in this
section.

Item 187
- At the end of subsection 14(1)

181. Subsection
14(1) deals with acting full-time member appointments. A note
is being added to refer readers to the acting appointment
provisions contained in section 33A of the Acts Interpretation
Act.

Item 188
- Subsection 14(2)

182. This item
repeals subsection 14(2) which specifies certain conditions when
actions taken will not be invalid. This is a rule that is
being added by section 33AB of the Acts Interpretation Act (see
item 75 of Schedule 1 to this Bill) and therefore does not
need to be repeated in the Australian Law Reform Commission Act
1996. Item 187 adds a note to refer readers to section
33A of the Acts Interpretation Act.

Australian
Maritime Safety Authority Act 1990

Item 189
- At the end of subsections 18(1), (2) and (3)

183. Subsections
18(1), (2) and (3) deal with acting Chairperson, Deputy Chairperson
and member appointments respectively. Notes are being added
to refer readers to the acting appointment provisions contained in
section 33A of the Acts Interpretation Act.

Item 190
- Subsections 18(5) and (6)

184. Subsections
18(5) and (6) are being repealed. Subsection 18(5) provides
that ‘a person
appointed to act
during a vacancy must not continue so to act for more than 12
months.’ This is a rule set out in existing paragraph
33A(1)(ba) of the Acts Interpretation Act, which provides that
‘where the appointment is to act in a vacant office, the
appointee must not continue to act in the office for more than 12
months’.

185. Subsection
18(6) provides a rule about acting appointments that is the same as
the amendments to section 33A of the Acts Interpretation Act made
by item 76 of Schedule 1.

186. Therefore
these rules do not need to be repeated in the Australian
Maritime Safety Authority Act 1990 and due to the notes added
by item 189, readers will know to refer to section 33A of the Acts
Interpretation Act.

Item 191
- Paragraph 54(1)(b)

187. This item
replaces the semicolon after the word ‘office’ with a
full stop because item 192 removes the text that currently
follows the word ‘office’.

Item 192
- Subsection 54(1)

188. Subsection
54(1) provides that ‘but a person appointed to act during a
vacancy shall not continue so to act for more than 12
months’. This is a rule set out in existing paragraph
33A(1)(ba) of the Acts Interpretation Act, which provides that
‘where the appointment is to act in a vacant office, the
appointee must not continue to act in the office for more than 12
months’. Therefore this rule does not need to be
repeated in the Australian Maritime Safety Authority Act
1990 and due to the note added by item 193, readers will know
to refer to section 33A of the Acts Interpretation Act.

Item 193
- At the end of subsection 54(1)

189. Subsection
54(1) deals with acting Chief Executive Officer appointments.
A note is being added to refer readers to the acting appointment
provisions contained in section 33A of the Acts Interpretation
Act.

Item 194
- Subsection 54(4)

190. This item
repeals subsection 54(4) which specifies certain conditions when
actions taken will not be invalid. This is a rule that is
being added by section 33AB of the Acts Interpretation Act (see
item 75 of Schedule 1 to this Bill) and therefore does not
need to be repeated in the Australian Maritime Safety Authority
Act 1990. Item 193 adds a note to refer readers to
section 33A of the Acts Interpretation Act.

Australian
National Maritime Museum Act 1990

Item 195
- Subsection 3(1) (definition of continental
shelf )

191. The
definition of continental shelf in subsection 3(1) of the
Australian National Maritime Museum Act 1990 is being
repealed because a definition of continental shelf is being
included in the Acts Interpretation Act that will apply (see item 4
of Schedule 1). The meaning remains the
same.

Item 196
- At the end of subsections 18(1) and (2)

192. Section 18
of the Australian National Maritime Museum Act 1990 deals
with acting members. This item adds a note to refer readers
to section 33A of the Acts Interpretation Act which sets out
general rules for acting appointments.

Item 197
- Subsections 18(3) and (4)

193. Section 18
of the Australian National Maritime Museum Act 1990 deals
with acting member appointments. Subsections 18(3) and (4)
are being repealed. Subsection 18(3) provides that ‘A
person appointed under this section to act during a vacancy shall
not continue to act for more than 12 months’. This is a
rule set out in existing paragraph 33A(1)(ba) of the Acts
Interpretation Act, which provides that ‘where the
appointment is to act in a vacant office, the appointee must not
continue to act in the office for more than 12
months’.

194. Subsection
18(4) provides a rule about acting appointments that is the same as
the amendments to section 33A of the Acts Interpretation Act made
by item 76 of Schedule 1.

195. Therefore
these rules do not need to be repeated in the Australian
National Maritime Museum Act 1990 and due to the note added by
item 196, readers will know to refer to section 33A of the Acts
Interpretation Act.

Item 198
- Subsection 38(1)

196. Section 38
of the Australian National Maritime Museum Act 1990 makes
provision for an acting Director. This item repeals
subsection (1) because item 202 repeals subsection 38(2), therefore
the text that is currently in subsection 38(1) will become the only
text in this section.

Item 199
- Paragraph 38(1)(b)

197. This item
replaces the semicolon after the word ‘Director’ with a
full stop because item 200 removes the text that currently
follows the word ‘Director’.

Item 200
- Subsection 38(1)

198. This item
removes the text ‘but a person appointed to act during a
vacancy shall not continue so to act for more than 12 months’
because this is a rule set out in existing paragraph 33A(1)(ba) of
the Acts Interpretation Act, which provides that ‘where the
appointment is to act in a vacant office, the appointee must not
continue to act in the office for more than 12 months’.
Therefore this rule does not need to be repeated in the
Australian National Maritime Museum Act 1990 .

Item 201
- At the end of subsection 38(1)

199. Section 38
of the Australian National Maritime Museum Act 1990 makes
provision for an acting Director. Item 202 repeals subsection
38(2) (which specifies certain conditions when actions taken will
not be invalid) and this is a rule that is being added by section
33AB of the Acts Interpretation Act (see item 75 of Schedule 1
to this Bill). Therefore a note is being added to refer
readers to the acting appointment provisions contained in section
33A of the Acts Interpretation Act.

Item 202
- Subsection 38(2)

200. This item
repeals subsection 38(2) which specifies certain conditions when
actions taken will not be invalid. This is a rule that is
being added by section 33AB of the Acts Interpretation Act (see
item 75 of Schedule 1 to this Bill) and therefore does not
need to be repeated in the Australian National Maritime Museum
Act 1990. Item 201 adds a note to refer readers to
section 33A of the Acts Interpretation Act.

Australian
National University Act 1991

Item 203
- Subsection 37(1)

201. This item
removes the number (1) from subsection 37(1) because item 207
repeals subsection 37(2), therefore the text that is currently in
subsection 37(1) will become the only text in this
section.

Item 204
- Paragraph 37(1)(b)

202. This item
replaces the semicolon after the word ‘office’ with a
full stop because item 205 removes the text that currently
follows the word ‘office’.

Item 205
- Subsection 37(1)

203. Subsection
37(1) provides that ‘but a person appointed to act during a
vacancy shall not continue so to act for more than 12
months’. This is a rule set out in existing paragraph
33A(1)(ba) of the Acts Interpretation Act, which provides that
‘where the appointment is to act in a vacant office, the
appointee must not continue to act in the office for more than 12
months’. Therefore this rule does not need to be
repeated in the Australian National University Act 1991 and
due to the note added by item 206, readers will know to refer to
section 33A of the Acts Interpretation Act.

Item 206
- At the end of subsection 37(1)

204. Subsection
37(1) deals with acting executive officer appointments. A
note is being added to refer readers to the acting appointment
provisions contained in section 33A of the Acts Interpretation
Act.

Item 207
- Subsection 37(2)

205. This item
repeals subsection 37(2) which specifies certain conditions when
actions taken will not be invalid. This is a rule that is
being added by section 33AB of the Acts Interpretation Act (see
item 75 of Schedule 1 to this Bill) and therefore does not
need to be repeated in the Australian National University Act
1991. Item 206 adds a note to refer readers to section
33A of the Acts Interpretation Act.

Australian
Nuclear Science and Technology Organisation Act
1987

Item 208
- At the end of subsection 17(1)

206. Subsection
17(1) deals with acting Chairperson arrangements. A note is
being added to refer readers to the acting appointment provisions
contained in section 33A of the Acts Interpretation
Act.

Item 209
- Paragraph 17(2)(b)

207. This item
replaces the semicolon after the word ‘Deputy
Chairperson’ with a full stop because item 210 removes
the text that currently follows the word ‘Deputy
Chairperson’.

Item 210
- Subsection 17(2)

208. Subsection
17(2) provides that ‘but a person appointed to act during a
vacancy shall not continue so to act for more than 12
months’. This is a rule set out in existing paragraph
33A(1)(ba) of the Acts Interpretation Act, which provides that
‘where the appointment is to act in a vacant office, the
appointee must not continue to act in the office for more than 12
months’. Therefore this rule does not need to be
repeated in the Australian Nuclear Science and Technology
Organisation Act 1987 and due to the note added by item 211,
readers will know to refer to section 33A of the Acts
Interpretation Act.

Item 211
- At the end of subsection 17(2)

209. Subsection
17(2) deals with acting Deputy Chairperson appointments. A
note is being added to refer readers to the acting appointment
provisions contained in section 33A of the Acts Interpretation
Act.

Item 212
- Subsections 17(3), (4) and (6) to (8)

210. Subsections
17(3), (4) and (6) to (8) are being repealed because they repeat
rules found in section 33A of the Acts Interpretation Act (as
amended by item 76 of Schedule 1 to this Bill). Item 211
adds a note so readers are aware of section 33A of the Acts
Interpretation Act.

Item 213
- Paragraph 23(1)(b)

211. This item
replaces the semicolon after the word ‘office’ with a
full stop because item 214 removes the text that currently
follows the word ‘office’.

Item 214
- Subsection 23(1)

212. Subsection
23(1) provides that ‘but a person appointed to act during a
vacancy shall not continue so to act for more than 12
months’. This is a rule set out in existing paragraph
33A(1)(ba) of the Acts Interpretation Act, which provides that
‘where the appointment is to act in a vacant office, the
appointee must not continue to act in the office for more than 12
months’. Therefore this rule does not need to be
repeated in the Australian Nuclear Science and Technology
Organisation Act 1987 and due to the note added by item 215,
readers will know to refer to section 33A of the Acts
Interpretation Act.

Item 215
- At the end of subsection 23(1)

213. Subsection
23(1) deals with acting Chief Executive Officer appointments.
A note is being added to refer readers to the acting appointment
provisions contained in section 33A of the Acts Interpretation
Act.

Item 216
- Subsections 23(2), (5), (7) and (8)

214. Subsections
23(2), (5), (7) and (8) are being repealed because they repeat
rules found in section 33A of the Acts Interpretation Act (as
amended by item 76 of Schedule 1 to this Bill). Item 215
adds a note so readers are aware of section 33A of the Acts
Interpretation Act.

Australian
Organ and Tissue Donation and Transplantation Authority Act
2008

Item 217
- Section 15 (note)

215. The note
to section 15 refers to subsection 33(4A) of the Acts
Interpretation Act. Schedule 1 to this Bill moves the content
of subsection 33(4A) to new section 33AA (see item 75),
therefore the note is being updated for consistency with notes of
this kind in other Commonwealth Acts.

Item 218
- Subsection 16(1)

216. This item
removes the number (1) from subsection 16(1) because item 220
repeals subsection 16(2), therefore the text that is currently in
subsection 16(1) will become the only text in this
section.

Item 219
- At the end of subsection 16(1)

217. Subsection
16(1) deals with acting CEO appointments. A note is being
added to refer readers to the acting appointment provisions
contained in section 33A of the Acts Interpretation
Act.

Item 220
- Subsection 16(2)

218. This item
repeals subsection 16(2) which specifies certain conditions when
actions taken will not be invalid. This is a rule that is
being added by section 33AB of the Acts Interpretation Act (see
item 75 of Schedule 1 to this Bill) and therefore does not
need to be repeated in the Australian Organ and Tissue Donation
and Transplantation Authority Act 2008. Item 219 adds a
note to refer readers to section 33A of the Acts Interpretation
Act.

Item 221
- Subsection 34(3) (note)

219. The note
to subsection 34(3) refers to subsection 33(4A) of the Acts
Interpretation Act. Schedule 1 to this Bill moves the content
of subsection 33(4A) to new section 33AA (see item 75),
therefore the note is being updated for consistency with notes of
this kind in other Commonwealth Acts.

Item 222
- At the end of subsection 36(1)

220. Subsection
36(1) deals with acting Chair of the Advisory Council
appointments. A note is being added to refer readers to the
acting appointment provisions contained in section 33A of the Acts
Interpretation Act.

Item 223
- Subsection 36(3)

221. This item
repeals subsection 36(3) which specifies certain conditions when
actions taken will not be invalid. This is a rule that is
being added by section 33AB of the Acts Interpretation Act (see
item 75 of Schedule 1 to this Bill) and therefore does not
need to be repeated in the Australian Organ and Tissue Donation
and Transplantation Authority Act 2008. Item 222 adds a
note to refer readers to section 33A of the Acts Interpretation
Act.

Item 224
- At the end of subsection 37(1)

222. Subsection
37(1) deals with acting Advisory Council member appointments.
A note is being added to refer readers to the acting appointment
provisions contained in section 33A of the Acts Interpretation
Act.

Item 225
- Subsection 37(3)

223. This item
repeals subsection 37(3) which specifies certain conditions when
actions taken will not be invalid. This is a rule that is
being added by section 33AB of the Acts Interpretation Act (see
item 75 of Schedule 1 to this Bill) and therefore does not
need to be repeated in the Australian Organ and Tissue Donation
and Transplantation Authority Act 2008. Item 224 adds a
note to refer readers to section 33A of the Acts Interpretation
Act.

Item 226
- Subsection 46(2) (note)

224. The note
to subsection 46(2) refers to subsection 33(4A) of the Acts
Interpretation Act. Schedule 1 to this Bill moves the content
of subsection 33(4A) to new section 33AA (see item 75),
therefore the note is being updated for consistency with notes of
this kind in other Commonwealth Acts.

Australian
Passports Act 2005

Item 227
- Subparagraph 53(3)(ca)(i)

225. This
paragraph refers to the definition of ‘registered
relationship’ in section 22B of the Acts Interpretation
Act. Item 4 of Schedule 1 to this Bill moves this definition
to new section 2E, so this item updates the
cross-reference.

Australian
Postal Corporation Act 1989

Item 228
- At the end of subsections 82(1) and (2)

226. Subsections
82(1) and (2) deal with acting Deputy Chairperson and director
appointments. Notes are being added to refer readers to the
acting appointment provisions contained in section 33A of the
Acts Interpretation Act.

Item 229
- Subsection 82(3)

227. This item
repeals subsection 82(3) which specifies certain conditions when
actions taken will not be invalid. This is a rule that is
being added by section 33AB of the Acts Interpretation Act (see
item 75 of Schedule 1 to this Bill) and therefore does not
need to be repeated in the Australian Postal Corporation Act
1989 . Item 228 adds a note to refer readers to section
33A of the Acts Interpretation Act.

Item 230
- Subsection 88(1)

228. This item
removes the number (1) from subsection 88(1) because there is no
subsection 88(2) and item 232 repeals subsection 88(3).
Therefore, the text that is currently in subsection 88(1) will
become the only text in this section.

Item 231
- At the end of subsection 88(1)

229. Subsection
88(1) deals with acting Managing Director appointments. A
note is being added to refer readers to the acting appointment
provisions contained in section 33A of the Acts Interpretation
Act.

Item 232
- Subsection 88(3)

230. This item
repeals subsection 88(3) which specifies certain conditions when
actions taken will not be invalid. This is a rule that is
being added by section 33AB of the Acts Interpretation Act (see
item 75 of Schedule 1 to this Bill) and therefore does not
need to be repeated in the Australian Postal Corporation Act
1989. Item 231 adds a note to refer readers to section
33A of the Acts Interpretation Act.

Item 233
- Section 90E (definition of business
day )

231. The
definition of ‘business day’ in section 90E of the
Australian Postal Corporation Act 1989 is being
repealed because a definition of ‘business day’ is
being included in the Acts Interpretation Act that will apply
(see item 4 of Schedule 1 to this Bill). The meaning remains
the same.

Australian
Prudential Regulation Authority Act 1998

Item 234
- At the end of subsections 19(1), (2) and (3)

232. Subsections
19(1), (2) and (3) deal with acting member, Chair and Deputy Chair
appointments. Notes are being added to refer readers to the
acting appointment provisions contained in section 33A of the Acts
Interpretation Act.

Item 235
- Subsection 19(5)

233. This item
repeals subsection 19(5) which specifies certain conditions when
actions taken will not be invalid. This is a rule that is
being added by section 33AB of the Acts Interpretation Act (see
item 75 of Schedule 1 to this Bill) and therefore does not
need to be repeated in the Australian Prudential Regulation
Authority Act 1998. Item 234 adds notes to refer readers
to section 33A of the Acts Interpretation Act.

Australian
Radiation Protection and Nuclear Safety Act 1998

Item 236
- Subsection 53(1)

234. This item
removes the number (1) from subsection 53(1) because item 238
repeals subsection 53(2), therefore the text that is currently in
subsection 53(1) will become the only text in this
section.

Item 237
- At the end of subsection 53(1)

235. Subsection
53(1) deals with acting CEO appointments. A note is being
added to refer readers to the acting appointment provisions
contained in section 33A of the Acts Interpretation
Act.

Item 238
- Subsection 53(2)

236. This item
repeals subsection 53(2) which specifies certain conditions when
actions taken will not be invalid. This is a rule that is
being added by section 33AB of the Acts Interpretation Act (see
item 75 of Schedule 1 to this Bill) and therefore does not
need to be repeated in the Australian Radiation Protection and
Nuclear Safety Act 1998. Item 237 adds a note to refer
readers to section 33A of the Acts Interpretation
Act.

Australian
Research Council Act 2001

Item 239
- Subsection 35(1)

237. This item
removes the number (1) from subsection 35(1) because item 241
repeals subsection 35(2), therefore the text that is currently in
subsection 35(1) will become the only text in this
section.

Item 240
- At the end of subsection 35(1)

238. Subsection
35(1) deals with acting CEO appointments. A note is being
added to refer readers to the acting appointment provisions
contained in section 33A of the Acts Interpretation
Act.

Item 241
- Subsection 35(2)

239. This item
repeals subsection 35(2) which specifies certain conditions when
actions taken will not be invalid. This is a rule that is
being added by section 33AB of the Acts Interpretation Act (see
item 75 of Schedule 1 to this Bill) and therefore does not
need to be repeated in the Australian Research Council Act
2001. Item 240 adds a note to refer readers to section
33A of the Acts Interpretation Act.

Australian
Security Intelligence Organisation Act 1979

Item 242
- Subsection 34G(5) (note 1)

240. The note
to subsection 34G(5) refers to subsection 46(3) of the Acts
Interpretation Act. As the content of subsection 46(3) is
being moved to new subsection 33(3AB) (see item 71 in Schedule
1 to this Bill), the cross-reference in this note is being
updated.

Australian
Sports Anti-Doping Authority Act 2006

Item 243
- Section 24B (note)

241. The note
to section 24B of the Australian Sports Anti-Doping Authority
Act 2006 refers to subsection 33(4A) of the Acts Interpretation
Act. Schedule 1 to this Bill moves the content of subsection
33(4A) to new section 33AA (see item 75), so this item updates
the cross-reference.

Item 244
- Subsection 24C(1)

242. Section
24C of the Australian Sports Anti-Doping Authority Act 2006
makes provision for an acting CEO. This item repeals
subsection (1) because item 246 repeals subsection 24C(2),
therefore the text that is currently in subsection 24C(1) will
become the only text in this section.

Item 245
- At the end of subsection 24C(1)

243. Section
24C of the Australian Sports Anti-Doping Authority Act 2006
makes provision for an acting CEO. Item 246 repeals
subsection 24C(2) (which specifies certain conditions when actions
taken will not be invalid) and this is a rule that is being added
to section 33A of the Acts Interpretation Act (see item 76 of
Schedule 1 to this Bill). Therefore a note is being added to
refer readers to the acting appointment provisions contained in
section 33A of the Acts Interpretation Act.

Item 246
- Subsection 24C(2)

244. This item
repeals subsection 24C(2) which specifies certain conditions when
actions taken will not be invalid. This is a rule that is
being added by section 33AB of the Acts Interpretation Act (see
item 75 of Schedule 1 to this Bill) and therefore does not
need to be repeated in the Australian Sports Anti-Doping
Authority Act 2006. Item 245 adds a note to refer readers
to section 33A of the Acts Interpretation Act.

Item 247
- Subsection 27(1) (note)

245. The note
to subsection 27(1) of the Australian Sports Anti-Doping
Authority Act 2006 refers to subsection 33(4A) of the Acts
Interpretation Act. Schedule 1 to this Bill moves the content
of subsection 33(4A) to new section 33AA (see item 75), so
this item updates the cross-reference.

Item 248
- Section 28 (note)

246. The note
to subsection 28 of the Australian Sports Anti-Doping Authority
Act 2006 refers to subsection 33(4A) of the Acts Interpretation
Act. Schedule 1 to this Bill moves the content of subsection
33(4A) to new section 33AA (see item 75), so this item updates
the cross-reference.

Item 249
- At the end of subsections 29(1) and (2)

247. Section 29
of the Australian Sports Anti-Doping Authority Act 2006
deals with acting Advisory Group members appointments. This
item adds a note referring readers to section 33A of the Acts
Interpretation Act.

Item 250
- Subsection 29(4)

248. This item
repeals subsection 29(4) which specifies certain conditions when
actions taken will not be invalid. This is a rule that is
being added by section 33AB of the Acts Interpretation Act (see
item 75 of Schedule 1 to this Bill) and therefore does not
need to be repeated in the Australian Sports Anti-Doping
Authority Act 2006. Item 249 adds a note to refer readers
to section 33A of the Acts Interpretation Act.

Item 251
- Section 44 (note)

249. The note
to section 44 of the Australian Sports Anti-Doping Authority Act
2006 refers to subsection 33(4A) of the Acts Interpretation
Act. Schedule 1 to this Bill moves the content of subsection
33(4A) to new section 33AA (see item 75), so this item updates
the cross-reference.

251. This item
repeals subsection 45(3) which specifies certain conditions when
actions taken will not be invalid. This is a rule that is
being added by section 33AB of the Acts Interpretation Act (see
item 75 of Schedule 1 to this Bill) and therefore does not
need to be repeated in the Australian Sports Anti-Doping
Authority Act 2006. Item 252 adds a note to refer readers
to section 33A of the Acts Interpretation Act.

Item 254
- Subsection 54(1) (note)

252. The note
to subsection 54(1) of the Australian Sports Anti-Doping
Authority Act 2006 refers to subsection 33(4A) of the Acts
Interpretation Act. Schedule 1 to this Bill moves the content
of subsection 33(4A) to new section 33AA (see item 75), so
this item updates the cross-reference.

Item 255
- Section 55 (note)

253. The note
to section 55 of the Australian Sports Anti-Doping Authority Act
2006 refers to subsection 33(4A) of the Acts Interpretation
Act. Schedule 1 to this Bill moves the content of subsection
33(4A) to new section 33AA (see item 75), so this item updates
the cross-reference.

Item 256
- At the end of subsections 56(1) and (2)

254. Section 56
of the Australian Sports Anti-Doping Authority Act 2006
deals with acting Chair of the Australian Sports Drug Medical
Advisory Committee appointments. This item adds a note
referring readers to section 33A of the Acts Interpretation
Act.

Item 257
- Subsection 56(4)

255. This item
repeals subsection 56(4) which specifies certain conditions when
actions taken will not be invalid. This is a rule that is
being added by section 33AB of the Acts Interpretation Act (see
item 75 of Schedule 1 to this Bill) and therefore does not
need to be repeated in the Australian Sports Anti-Doping
Authority Act 2006. Item 256 adds a note to refer readers
to section 33A of the Acts Interpretation Act.

Item 258
- Section 69 (note)

256. The note
to section 69 of the Australian
Sports Anti-Doping Authority Act 2006 refers to
the definition of ‘person’ in paragraph 22(1)(a) of the
Acts Interpretation Act. This definition is being moved to
new subsection 2C(1) by item 4 of Schedule 1 to this Bill, so
this amendment updates the cross-reference.

Australian
Sports Commission Act 1989

Item 259
- Paragraph 20(1)(b)

257. This item
replaces the semicolon after the word ‘Chairperson’
with a full stop because item 260 removes the text that
currently follows the word ‘Chairperson’.

Item 260
- Subsection 20(1)

258. Subsection
20(1) provides that ‘but a person appointed to act during a
vacancy shall not continue so to act for more than 12
months’. This is a rule set out in existing paragraph
33A(1)(ba) of the Acts Interpretation Act, which provides that
‘where the appointment is to act in a vacant office, the
appointee must not continue to act in the office for more than 12
months’. Therefore this rule does not need to be
repeated in the Australian Sports Commission Act 1989 and
due to the note added by item 261, readers will know to refer to
section 33A of the Acts Interpretation Act.

Item 261
- At the end of subsection 20(1)

259. Subsection
20(1) of the Australian Sports Commission Act 1989 deals
with acting Chairperson appointments. This item adds a note
referring readers to section 33A of the Acts Interpretation
Act.

Item 262
- Paragraph 20(2)(b)

260. This item
replaces the semicolon after the phrase ‘Deputy
Chairperson’ with a full stop because item 263 removes
the text that currently follows the phrase ‘Deputy
Chairperson’.

Item 263
- Subsection 20(2)

261. Subsection
20(2) provides that ‘but a person appointed to act during a
vacancy shall not continue so to act for more than 12
months’. This is a rule set out in existing paragraph
33A(1)(ba) of the Acts Interpretation Act, which provides that
‘where the appointment is to act in a vacant office, the
appointee must not continue to act in the office for more than 12
months’. Therefore this rule does not need to be
repeated in the Australian Sports Commission Act 1989 and
due to the note added by item 264, readers will know to refer to
section 33A of the Acts Interpretation Act.

263. This item
replaces the semicolon after the word ‘member’ with a
full stop because item 266 removes the text that currently
follows the word ‘member’.

Item 266
- Subsection 20(3)

264. Subsection
20(3) provides that ‘but a person appointed to act during a
vacancy shall not continue so to act for more than 12
months’. This is a rule set out in existing paragraph
33A(1)(ba) of the Acts Interpretation Act, which provides that
‘where the appointment is to act in a vacant office, the
appointee must not continue to act in the office for more than 12
months’. Therefore this rule does not need to be
repeated in the Australian Sports Commission Act 1989 and
due to the note added by item 267, readers will know to refer to
section 33A of the Acts Interpretation Act.

Item 267
- At the end of subsection 20(3)

265. Subsection
20(3) of the Australian Sports Commission Act 1989 deals
with acting member appointments. This item adds a note
referring readers to section 33A of the Acts Interpretation
Act.

Item 268
- Subsection 20(4)

266. This item
repeals subsection 20(4) which specifies certain conditions when
actions taken will not be invalid. This is a rule that is
being added by section 33AB of the Acts Interpretation Act (see
item 75 of Schedule 1 to this Bill) and therefore does not
need to be repeated in the Australian Sports Commission Act
1989. Items 261, 264 and 267 add notes to subsections
20(1), (2) and (3) to refer readers to section 33A of the Acts
Interpretation Act.

Item 269
- Subsection 39(1)

267. This item
removes the number (1) from subsection 39(1) because item 273
repeals subsection 39(2), therefore the text that is currently in
subsection 39(1) will become the only text in this
section.

Item 270
- Paragraph 39(1)(b)

268. This item
replaces the semicolon after the word ‘office’ with a
full stop because item 271 removes the text that currently
follows the word ‘office’.

Item 271
- Subsection 39(1)

269. Subsection
39(1) provides that ‘but a person appointed to act during a
vacancy shall not continue so to act for more than 12
months’. This is a rule set out in existing paragraph
33A(1)(ba) of the Acts Interpretation Act, which provides that
‘where the appointment is to act in a vacant office, the
appointee must not continue to act in the office for more than 12
months’. Therefore this rule does not need to be
repeated in the Australian Sports Commission Act 1989 and
due to the note added by item 272, readers will know to refer to
section 33A of the Acts Interpretation Act.

271. This item
repeals subsection 39(2) which specifies certain conditions when
actions taken will not be invalid. This is a rule that is
being added by section 33AB of the Acts Interpretation Act (see
item 75 of Schedule 1 to this Bill) and therefore does not
need to be repeated in the Australian Sports Commission Act
1989. Item 272 adds a note to subsection 39(1) to refer
readers to section 33A of the Acts Interpretation
Act.

Item 274
- Subsection 54(1)

272. This item
adds a reference to section 39 because item 275 removes the
reference to subsection 39(1) which will no longer exist due to the
amendments made by item 269.

Item 275
- Subsection 54(1)

273. Section 54
deals with delegations and currently cross-references subsection
39(1). Item 269 removes the number (1) so that section
39 will not contain subsections. Therefore this item removes
the cross-reference to subsection 39(1) and item 276 adds a
reference to section 39 to subsection 54(1).

Item 276
- Subsection 54(1)

274. This item
removes a reference to subsection 39(1) and replaces it with a
reference to section 39 because item 269 removes the number
(1) so that section 39 will not contain
subsections.

Australian
Trade Commission Act 1985

Item 277
- Subsection 56(1)

275. This item
removes the number (1) from subsection 56(1) because item 279
repeals subsection 56(2), therefore the text that is currently in
subsection 56(1) will become the only text in this
section.

Item 278
- Subsection 56(1) (note)

276. Subsection
56(1) deals with acting CEO appointments. There is currently
a note referring readers to section 33A of the Acts Interpretation
Act, but this is being updated for consistency with notes of this
kind in other Commonwealth Acts.

Item 279
- Subsection 56(2)

277. This item
repeals subsection 56(2) which specifies certain conditions when
actions taken will not be invalid. This is a rule that is
being added by section 33AB of the Acts Interpretation Act (see
item 75 of Schedule 1 to this Bill) and therefore does not
need to be repeated in the Australian Trade Commission Act
1985. Item 278 adds a note to refer readers to section
33A of the Acts Interpretation Act.

Australian
War Memorial Act 1980

Item 280
- Subsection 26(1)

278. This item
removes the number (1) from subsection 26(1) because item 284
repeals subsections 26(2) to (8), therefore the text that is
currently in subsection 26(1) will become the only text in this
section.

Item 281
- Paragraph 26(1)(b)

279. This item
replaces the semicolon after the word ‘office’ with a
full stop because item 282 removes the text that currently
follows the word ‘office’.

Item 282
- Subsection 26(1)

280. Subsection
26(1) provides that ‘but a person appointed to act during a
vacancy shall not continue so to act for more than 12
months’. This is a rule set out in existing paragraph
33A(1)(ba) of the Acts Interpretation Act, which provides that
‘where the appointment is to act in a vacant office, the
appointee must not continue to act in the office for more than 12
months’. Therefore this rule does not need to be
repeated in the Australian War Memorial Act 1980 and due to
the note added by item 283, readers will know to refer to section
33A of the Acts Interpretation Act.

Item 283
- At the end of subsection 26(1)

281. Subsection
26(1) deals with acting Director appointments. A note is
being added to refer readers to the acting appointment provisions
contained in section 33A of the Acts Interpretation
Act.

Item 284
- Subsections 26(2) to (8)

282. Subsections
26(2) to (8) are being repealed because they repeat rules found in
section 33A of the Acts Interpretation Act (as amended by
item 76 of Schedule 1 to this Bill). Item 283 adds
a note so readers are aware of section 33A of the Acts
Interpretation Act.

Banking
Act 1959

Item 285
- Subsection 6A(1)

283. This item
removes the number (1) from subsection 6A(1) because item 287
repeals subsection 6A(2), therefore the text that is currently in
subsection 6A(1) will become the only text in this
section.

285. Subsection
6A(2) refers to section 8 of the Acts Interpretation Act, which is
replaced by section 7 by item 13 of Schedule 1 to this
Bill. Subsection 6A(2) is being repealed as new section 7
will apply to the case dealt with in subsection 6A(1).

Item 288
- Subsection 16AG(3) (note)

286. The note
to subsection 16AG(3) refers to subsection 46(3) of the Acts
Interpretation Act. As the content of subsection 46(3) is
being moved to new subsection 33(3AB) (see item 71 in Schedule
1 to this Bill), the cross-reference in this note is being
updated.

Bankruptcy
Act 1966

Item 289
- At the end of subsections 17(1) and (2)

287. Subsections
17(1) and (2) deal with acting Inspector-General and Official
Receiver appointments respectively. Notes are being added to
refer readers to the acting appointment provisions contained in
section 33A of the Acts Interpretation Act.

Item 290
- Subsection 17(7)

288. This item
repeals subsection 17(7) which specifies certain conditions when
actions taken will not be invalid. This is a rule that is
being added by section 33AB of the Acts Interpretation Act (see
item 75 of Schedule 1 to this Bill) and therefore does not
need to be repeated in the Bankruptcy Act 1966. Item
289 adds notes to refer readers to section 33A of the Acts
Interpretation Act.

289. The
definition of ‘insolvent under administration’ in
section 185 of the Bankruptcy Act 1966 is being repealed
because a definition of ‘insolvent under
administration’ is being included in the Acts Interpretation
Act that will apply (see item 4 of Schedule 1). The meaning
remains the same.

Bills of
Exchange Act 1909

Item 292
- Paragraph 19(2)(d)

290. In
Schedule 1 to this Bill the definition of ‘calendar
month’ in the Acts Interpretation Act is being amended and a
new definition of ‘month’ is being inserted into the
Acts Interpretation Act (see new section 2G in item 4).
Paragraph 19(2)(b) of the Bills of Exchange Act 1909 is
consequently being amended to clarify that the definition of
‘month’ has a different meaning for the purposes of
section 19 of the Bills of Exchange Act
1909 .

Broadcasting
Services Act 1992

Item 293
- Subsection 6(1) (definition of business
day )

291. The
definition of ‘business day’ in subsection 6(1) of the
Broadcasting Services Act 1992 is being repealed because a
definition of ‘business day’ is being included in the
Acts Interpretation Act that will apply (see item 4 of
Schedule 1 to this Bill). The meaning remains the
same.

Item 294
- Subsections 146C(1) and (2) (note)

Item 295
- Subsections 146CA(1) and (2) (note)

Item 296
- Subsection 212B(6) (note)

Item 297
- Subclauses 6(9), (10) and (21) of Schedule 4
(note)

Item 298
- Subclauses 19(9), (10) and (21) of Schedule 4
(note)

Item 299
- Subclause 8(2) of Schedule 5 (note)

Item 300
- Subclause 40(5) of Schedule 5 (note)

292. These
notes contain references to subsection 46(2) of the Acts
Interpretation Act. That subsection was repealed by the
Legislative Instruments (Transitional Provisions and
Consequential Amendments) Act 2003 and therefore the
cross-references are being replaced by references to subsection
13(3) of the Legislative Instruments Act 2003 .

Item 301
- Clause 50 of Schedule 5 (note)

Item 302
- Subclause 60(4) of Schedule 5 (note)

293. The notes
to clause 50 and subclause 60(4) of Schedule 5 to the
Broadcasting Services Act 1992 contain references to
subsection 46(2) of the Acts Interpretation Act. That
subsection was repealed by the Legislative Instruments
(Transitional Provisions and Consequential Amendments) Act 2003
and, with respect to non-legislative instruments, replaced by
subsection 46(3) of the Acts Interpretation Act. As the
content of subsection 46(3) is being moved to new subsection
33(3AB) (see item 71 in Schedule 1 to this Bill), the
cross-references are being updated.

Item 303
- Subclause 60(5) of Schedule 5 (note)

Item 304
- Subclauses 91(2), (4) and (5) of Schedule 5
(note)

Item 305
- Subclause 3(7) of Schedule 6 (note)

Item 306
- Subclause 4(7) of Schedule 6 (note)

Item 307
- Subclause 13(8) of Schedule 6 (note)

Item 308
- Subclause 15(8) of Schedule 6 (note)

Item 309
- Subclause 21(8) of Schedule 6 (note)

Item 310
- Subclause 27(1) of Schedule 6 (note)

294. These
notes contain references to subsection 46(2) of the Acts
Interpretation Act. That subsection was repealed by the
Legislative Instruments (Transitional Provisions and
Consequential Amendments) Act 2003 and therefore the
cross-references are being replaced by references to subsection
13(3) of the Legislative Instruments Act
2003 .

Item 311
- Subclause 27(8) of Schedule 7

Item 312
- Subclause 31(7) of Schedule 7

295. The
definition of ‘modifications’ in subclauses 27(8) and
31(7) of Schedule 7 to the Broadcasting Services Act 1992 is
being repealed because a definition is being included in new
section 2B of the Acts Interpretation Act (see item 4 of
Schedule 1 to this Bill). The meaning remains the
same.

Item 313
- Clause 55 of Schedule 7 (note)

296. The note
to clause 55 refers to subsection 46(3) of the Acts Interpretation
Act. As the content of subsection 46(3) is being moved to new
subsection 33(3AB) (see item 71 in Schedule 1 to this Bill), the
cross-reference in this note is being updated.

Building
and Construction Industry Improvement Act 2005

Item 314
- Subsection 7(3)

297. The
definition of modifications in subsection 7(3) of the Building
and Construction Industry Improvement Act 2005 is being
repealed because a definition is being included in new section 2B
of the Acts Interpretation Act (see item 4 of Schedule
1). The meaning remains the same.

Item 315
- Subsection 16(1)

298. This item
removes the number (1) from subsection 16(1) because item 317
repeals subsection 16(2), therefore the text that is currently in
subsection 16(1) will become the only text in this
section.

Item 316
- At the end of subsection 16(1)

299. Subsection
16(1) deals with acting ABC commissioner appointments. A note
is being added to refer readers to the acting appointment
provisions contained in section 33A of the Acts Interpretation
Act.

Item 317
- Subsection 16(2)

300. This item
repeals subsection 16(2) which specifies certain conditions when
actions taken will not be invalid. This is a rule that is
being added by section 33AB of the Acts Interpretation Act (see
item 75 of Schedule 1 to this Bill) and therefore does not
need to be repeated in the Building and Construction Industry
Improvement Act 2005. Item 316 adds a note to refer
readers to section 33A of the Acts Interpretation
Act.

Cancer
Australia Act 2006

Item 318
- Subsection 16(1)

301. This item
removes the number (1) from subsection 16(1) because item 320
repeals subsection 16(2), therefore the text that is currently in
subsection 16(1) will become the only text in this
section.

Item 319
- At the end of subsection 16(1)

302. Subsection
16(1) deals with acting Chief Executive Officer appointments.
A note is being added to refer readers to the acting appointment
provisions contained in section 33A of the Acts Interpretation
Act.

Item 320
- Subsection 16(2)

303. This item
repeals subsection 16(2) which specifies certain conditions when
actions taken will not be invalid. This is a rule that is
being added by section 33AB of the Acts Interpretation Act (see
item 75 of Schedule 1 to this Bill) and therefore does not
need to be repeated in the Cancer Australia Act 2006.
Item 319 adds a note to refer readers to section 33A of the Acts
Interpretation Act.

Item 321
- At the end of subsections 29(1) and (2)

304. Subsections
29(1) and (2) deal with acting Chair and member appointments
respectively. Notes are being added to refer readers to the
acting appointment provisions contained in section 33A of the Acts
Interpretation Act.

Item 322
- Subsection 29(3)

305. This item
repeals subsection 29(3) which specifies certain conditions when
actions taken will not be invalid. This is a rule that is
being added by section 33AB of the Acts Interpretation Act (see
item 75 of Schedule 1 to this Bill) and therefore does not
need to be repeated in the Cancer Australia Act 2006.
Item 321 adds notes to refer readers to section 33A of the Acts
Interpretation Act.

Chemical
Weapons (Prohibition) Act 1994

Item 323
- Subsection 8B(3) (note)

Item 324
- Subsection 10(9) (note)

306. These
notes contain references to section 46 of the Acts Interpretation
Act. Subsection 46(2) was repealed by the Legislative
Instruments (Transitional Provisions and Consequential Amendments)
Act 2003 and therefore the cross-references are being replaced
by references to subsection 13(3) of the Legislative Instruments
Act 2003 .

Child
Support (Assessment) Act 1989

Item 325
- Subsection 5(1) (paragraph (c) of the definition of
member of a couple )

307. The
definition of ‘member of a couple’ in subsection 5(1)
of the Child Support (Assessment) Act 1989 refers to the
definition of ‘registered relationship’ in section 22B
of the Acts Interpretation Act. Item 4 of Schedule 1 to this
Bill moves this definition to new section 2E, so this item
updates the cross-reference.

Item 326
- Subsection 5(1) (definition of named
month )

308. This item
repeals the current definition of ‘named month’, which
refers to one of the 12 months of the year, which is the same as
‘calendar month’ as defined in new section 2B of the
Acts Interpretation Act (see item 4 of Schedule 1 to this
Bill). The child support legislation is amended so that the
definition of ‘calendar month’ as defined in the Acts
Interpretation Act is relied on.

This will
not result in a change in the operation of the provisions of
Child Support (Assessment) Act 1989 .

Item 327
- Subsection 7A(1) (note)

309. This note
makes a technical amendment to correct the references to
subsections (6), (7), (8) and (9) of section 7A, so that it reads
‘subsections (5) to (8).

Item 328
- Subsection 7A(1) (note)

310. This item
deletes the words ‘or definitive’ from the note at the
end of subsection 7A(1) so that it instead reads ‘the
examples are not exhaustive’. The note makes a
cross-reference to section 15AD of the Acts Interpretation
Act which is amended by item 24 of Schedule 1 to this Bill to
clarify that examples are not exhaustive and may extend the
operation of the provision, therefore the examples in section 7A
should not be referred to as being
‘definitive’.

Item 329
- Paragraph 7A(3)(b)

Item 330
- Subsection 34A(2)

Item 331
- Paragraphs 34A(3)(b) and (c)

Item 332
- Section 78

311. All of
these items replace the term ‘named month’ with
‘calendar month’ to ensure that the Child Support
(Assessment) Act 1989 is consistent with the Acts
Interpretation Act definition of ‘calendar month’ in
new section 2B of the Acts Interpretation Act (see item 4 of
Schedule 1 to this Bill and item 326 of this
Schedule).

312. The
definition of ‘de facto relationship’ in subsection
163A(5) of the Child Support (Assessment) Act 1989 refers to
the definition of ‘registered relationship’ in section
22B of the Acts Interpretation Act. Item 4 of Schedule 1 to
this Bill moves this definition to new section 2E, so this
item updates the cross-reference.

Child
Support (Registration and Collection) Act 1988

Item 334
- Subsection 4(1) (definition of closing
day )

313. This item
replaced the reference to ‘month’ with ‘calendar
month’, as the term ‘month’ currently used in
this Act refers to one of the twelve months of the year. This
change means that the term ‘calendar month’ as defined
in the new section 2B of the Acts Interpretation Act (see
item 4 of Schedule 1 to this Bill) is used.

Item 335
- Subsection 4(1) (definition of month )

314. This item
repeals the current definition of ‘month’, which refers
to one of the 12 months of the year, which is the opposite of the
definition of the term ‘month’ in new section 2G of the
Acts Interpretation Act and means the same as ‘calendar
month’ as defined in section 2B of the Acts Interpretation
Act (see item 4 of Schedule 1 to this Bill). The Child
Support (Registration and Collection) Act 1988 is being amended
to use the definitions of ‘month’ and ‘calendar
month’ as defined in the Acts Interpretation Act.

315. This will
not result in a change in the operation of the provisions of the
Child Support (Registration and Collection) Act
1988 .

316. The use of
the word 'monthly' in a provision of the Child Support
(Registration and Collection) Act 1988 may apply to either
a 'month' or 'calendar month', dependent upon the the context
of the provision and the payment period in the child
support case to which the provision is being applied.

Item 336
- Subsection 26A(3) (example)

317. This item
replaces the word ‘month’ with ‘calendar month or
month’, as the example is intended to refer to
either.

Item 337
- Subsection 26B(4) (example 2)

318. This item
removes the word ‘calendar’ as this example refers to a
month as defined in new section 2B of the Acts Interpretation Act
(see item 4 of Schedule 1 to this Bill).

Item 338
- Subsection 44(10)

319. This item
replaces the words ‘one month’ with ‘one calendar
month or one month’, as the provision is intended to restrict
the Division to application to periods that are monthly or
shorter.

Item 339
- Section 47

Item 340
- Paragraphs 53(a), (b) and (c)

320. These
items replace the references to ‘month’ with
‘calendar month’ to give effect to the repeal of the
definition of ‘month’ and the replacement of all
relevant references with ‘calendar month’ (see items
334 and 335).

Item 341
- Subsection 65A(3) (example 2)

321. This item
omits the word ‘calendar’ from the text of the example
as the example refers to a ‘month’ as defined in new
section 2G of the Acts Interpretation Act (see item 4 of Schedule 1
to this Bill).

Item 342
- Subsection 66(1)

Item 343
- Subsection 67(1AA)

Item 344
- Subsection 71AA(4) (example)

Item 345
- Subsection 76(1)

Item 346
- Paragraph 76(1)(a)

Item 347
- Paragraphs 77(a) and (b)

Item 348
- Section 78

322. These
items all replace references to ‘month’ with
‘calendar month’ to give effect to the repeal of the
definition of ‘month’ by item 335 and the replacement
of all relevant references with ‘calendar month’. This
change means that the term ‘calendar month’ as defined
in new section 2B of the Acts Interpretation Act (see item 4 of
Schedule 1 to this Bill) is used.

Civil
Aviation Act 1988

Item 349
- Section 55 (note)

323. The note
to section 55 refers to subsection 33(4A) of the Acts
Interpretation Act. Schedule 1 to this Bill moves the content
of subsection 33(4A) to new section 33AA (see item 75), so
this item updates the cross-reference.

Item 350
- Subsection 62(1)

324. This item
removes the number (1) from subsection 62(1) because item 352
repeals subsection 62(2), therefore the text that is currently in
subsection 62(1) will become the only text in this
section.

Item 351
- At the end of subsection 62(1)

325. Subsection
62(1) deals with acting Chair appointments. A note is being
added to refer readers to the acting appointment provisions
contained in section 33A of the Acts Interpretation
Act.

Item 352
- Subsection 62(2)

326. This item
repeals subsection 62(2) which specifies certain conditions when
actions taken will not be invalid. This is a rule that is
being added by section 33AB of the Acts Interpretation Act (see
item 75 of Schedule 1 to this Bill) and therefore does not
need to be repeated in the Civil Aviation Act 1988.
Item 351 adds a note to refer readers to section 33A of the Acts
Interpretation Act.

Item 353
- Subsection 63(1)

327. This item
removes the number (1) from subsection 63(1) because item 355
repeals subsection 63(2), therefore the text that is currently in
subsection 63(1) will become the only text in this
section.

Item 354
- At the end of subsection 63(1)

328. Subsection
63(1) deals with acting Board member appointments. A note is
being added to refer readers to the acting appointment provisions
contained in section 33A of the Acts Interpretation
Act.

Item 355
- Subsection 63(2)

329. This item
repeals subsection 63(2) which specifies certain conditions when
actions taken will not be invalid. This is a rule that is
being added by section 33AB of the Acts Interpretation Act (see
item 75 of Schedule 1 to this Bill) and therefore does not
need to be repeated in the Civil Aviation Act 1988.
Item 354 adds a note to refer readers to section 33A of the Acts
Interpretation Act.

Item 356
- Subsection 74(1) (note)

330. The note
to subsection 74(1) refers to subsection 33(4A) of the Acts
Interpretation Act. Schedule 1 to this Bill moves the content
of subsection 33(4A) to new section 33AA (see item 75), so
this item updates the note accordingly.

Item 357
- Subsection 82(1)

331. This item
removes the number (1) from subsection 82(1) because item 359
repeals subsection 82(2), therefore the text that is currently in
subsection 82(1) will become the only text in this
section.

Item 358
- At the end of subsection 82(1)

332. Subsection
82(1) deals with acting Director appointments. A note is
being added to refer readers to the acting appointment provisions
contained in section 33A of the Acts Interpretation
Act.

Item 359
- Subsection 82(2)

333. This item
repeals subsection 82(2) which specifies certain conditions when
actions taken will not be invalid. This is a rule that is
being added by section 33AB of the Acts Interpretation Act (see
item 75 of Schedule 1 to this Bill) and therefore does not
need to be repeated in the Civil Aviation Act 1988.
Item 358 adds a note to refer readers to section 33A of the Acts
Interpretation Act.

Civil
Aviation (Carriers’ Liability) Act 1959

Item 360
- Subsection 5(1) (definition of Australian
citizen )

334. The
definition of Australian citizen in subsection 5(1) of the Civil
Aviation (Carriers’ Liability) Act 1959 is being repealed
because a definition is being included in new section 2B of the
Acts Interpretation Act (see item 4 of Schedule 1). The
meaning remains the same.

Item 361
- Subsection 25(2)

335. Subsection
25(2) refers to section 8 of the Acts Interpretation Act, which is
replaced by section 7 by item 13 of Schedule 1 to this Bill.
The reference is being removed as new section 7 will apply to the
case dealt with in subsection 25(2).

Classification
(Publications, Films and Computer Games) Act
1995

Item 362
- At the end of subsection 66(1)

336. Subsection
66(1) deals with acting Director arrangements. A note is
being added to refer readers to the acting appointment provisions
contained in section 33A of the Acts Interpretation
Act.

Item 363
- At the end of subsection 66(2)

337. Subsection
66(2) deals with acting Director appointments. A note is
being added to refer readers to the acting appointment provisions
contained in section 33A of the Acts Interpretation
Act.

Item 364
- At the end of subsection 66(3)

338. Subsection
66(3) deals with acting member appointments. A note is being
added to refer readers to the acting appointment provisions
contained in section 33A of the Acts Interpretation
Act.

Item 365
- Subsection 66(4)

339. This item
repeals subsection 66(4) which specifies certain conditions when
actions taken will not be invalid. This is a rule that is
being added by section 33AB of the Acts Interpretation Act (see
item 75 of Schedule 1 to this Bill) and therefore does not
need to be repeated in the Classification (Publications, Films
and Computer Games) Act 1995. Items 362, 363 and 364 add
notes to refer readers to section 33A of the Acts Interpretation
Act.

Item 366
- At the end of subsection 84(1)

340. Subsection
84(1) deals with acting Convenor arrangements. A note is
being added to refer readers to the acting appointment provisions
contained in section 33A of the Acts Interpretation
Act.

Item 367
- At the end of subsection 84(2)

341. Subsections
84(2) deals with acting Convenor appointments. A note
is being added to refer readers to the acting appointment
provisions contained in section 33A of the Acts Interpretation
Act.

Item 368
- At the end of subsection 84(3)

342. Subsections
84(3) deals with acting member of the Review Board
appointments. A note is being added to refer readers to the
acting appointment provisions contained in section 33A of the Acts
Interpretation Act.

Item 369
- Subsection 84(4)

343. This item
repeals subsection 84(4) which specifies certain conditions when
actions taken will not be invalid. This is a rule that is
being added by section 33AB of the Acts Interpretation Act (see
item 75 of Schedule 1 to this Bill) and therefore does not
need to be repeated in the Classification (Publications, Films
and Computer Games) Act 1995. Items 366, 367 and 368 add
notes to refer readers to section 33A of the Acts Interpretation
Act.

COAG
Reform Fund Act 2008

Item 370
- Subsection 8(1) (note)

344. This note
refers to the definitions of ‘SES employee’ and
‘acting SES employee’ in section 17AA of the Acts
Interpretation Act. Item 4 of Schedule 1 to this Bill moves
these definitions to new section 2B, so this item updates the
cross-references.

Coal
Mining Industry (Long Service Leave Funding) Act
1992

Item 371
- At the end of subsection 31(1)

345. Subsection
31(1) deals with acting Chairperson arrangements. A note is
being added to refer readers to the acting appointment provisions
contained in section 33A of the Acts Interpretation Act.

Item 372
- At the end of subsection 31(2)

346. Subsection
31(2) deals with acting Deputy Chairperson appointments. A
note is being added to refer readers to the acting appointment
provisions contained in section 33A of the Acts Interpretation
Act.

Item 373
- Subsection 31(5)

347. This item
repeals subsection 31(5) which specifies certain conditions when
actions taken will not be invalid. This is a rule that is
being added by section 33AB of the Acts Interpretation Act (see
item 75 of Schedule 1 to this Bill) and therefore does not
need to be repeated in the Coal Mining Industry (Long Service
Leave Funding) Act 1992. Item 372 adds a note to refer
readers to section 33A of the Acts Interpretation
Act.

Item 374
- At the end of subsection 32(1)

348. Subsection
32(1) deals with acting Director appointments. A note is
being added to refer readers to the acting appointment provisions
contained in section 33A of the Acts Interpretation
Act.

Item 375
- Subsection 32(3)

349. This item
repeals subsection 32(3) which specifies certain conditions when
actions taken will not be invalid. This is a rule that is
being added by section 33AB of the Acts Interpretation Act (see
item 75 of Schedule 1 to this Bill) and therefore does not
need to be repeated in the Coal Mining Industry (Long Service
Leave Funding) Act 1992. Item 374 adds a note to refer
readers to section 33A of the Acts Interpretation
Act.

Commonwealth
Authorities and Companies Act 1997

Item 376
- Section 5 (definition of APS
employee )

350. The
definition of ‘APS employee’ in section 5 of the
Commonwealth Authorities and Companies Act 1997 is being
repealed because a definition of ‘APS employee’ is
being included in new section 2B of the Acts Interpretation Act
(see item 4 of Schedule 1). The meaning remains the
same.

Item 377
- Subsection 33(1)

351. This item
removes the number (1) from subsection 33(1) because item 378
repeals subsection 33(2), therefore the text that is currently in
subsection 33(1) will become the only text in this
section.

Item 378
- Subsection 33(2)

352. The
definition of modifications in subsection 33(2) of the
Commonwealth Authorities and Companies Act 1997 is being
repealed because a definition of modifications is being included in
new section 2B of the Acts Interpretation Act (see item 4 of
Schedule 1). The meaning remains the same.

Item 379
- Subsection 46(2) (definition
of modifications )

353. The
definition of modifications in subsection 46(2) of the
Commonwealth Authorities and Companies Act 1997 is being
repealed because a definition of modifications is being included in
new section 2B of the Acts Interpretation Act (see item 4 of
Schedule 1). The meaning remains the same.

Item 380
- Saving of regulations

354. This
provision ensures that any regulations in force immediately prior
to the commencement of the amendment made to sections 33 and 46 of
the Commonwealth Authorities and Companies Act 1997 by items
377 and 379 are not impacted by the amendment and continue to be in
force.

Commonwealth
Electoral Act 1918

Item 381
- Subsection 13(1)

355. This item
removes the number (1) from subsection 13(1) because item 385
repeals subsections 13(2) to (6), therefore the text that is
currently in subsection 13(1) will become the only text in this
section.

Item 382
- Paragraph 13(1)(b)

356. This item
replaces the semicolon after the word ‘office’ with a
full stop because item 383 removes the text that currently
follows the word ‘office’.

Item 383
- Subsection 13(1)

357. Subsection
13(1) provides that ‘but a person appointed to act during a
vacancy shall not continue so to act for more than 12
months’. This is a rule set out in existing paragraph
33A(1)(ba) of the Acts Interpretation Act, which provides that
‘where the appointment is to act in a vacant office, the
appointee must not continue to act in the office for more than 12
months’. Therefore this rule does not need to be
repeated in the Commonwealth Electoral Act 1918 and due to
the note added by item 384, readers will know to refer to section
33A of the Acts Interpretation Act.

Item 384
- At the end of subsection 13(1)

358. Subsection
13(1) deals with acting Chairperson appointments. A note is
being added to refer readers to the acting appointment provisions
contained in section 33A of the Acts Interpretation
Act.

Item 385
- Subsections 13(2) to (6)

359. Subsections
13(2) to (6) are being repealed because they repeat rules found in
section 33A of the Acts Interpretation Act (as amended by
item 76 of Schedule 1 to this Bill). Item 384 adds a
note so readers are aware of section 33A of the Acts Interpretation
Act.

Item 386
- Subsection 14(1)

360. This item
removes the number (1) from subsection 14(1) because item 390
repeals subsections 14(2) to (6), therefore the text that is
currently in subsection 14(1) will become the only text in this
section.

Item 387
- Paragraph 14(1)(b)

361. This item
replaces the semicolon after the word ‘office’ with a
full stop because item 388 removes the text that currently
follows the word ‘office’.

Item 388
- Subsection 14(1)

362. Subsection
14(1) provides that ‘but a person appointed to act during a
vacancy shall not continue so to act for more than 12
months’. This is a rule set out in existing paragraph
33A(1)(ba) of the Acts Interpretation Act, which provides that
‘where the appointment is to act in a vacant office, the
appointee must not continue to act in the office for more than 12
months’. Therefore this rule does not need to be
repeated in the Commonwealth Electoral Act 1918 and due to
the note added by item 389, readers will know to refer to section
33A of the Acts Interpretation Act.

Item 389
- At the end of subsection 14(1)

363. Subsection
14(1) deals with acting non-judicial appointee
appointments. A note is being added to refer readers to the
acting appointment provisions contained in section 33A of the Acts
Interpretation Act.

Item 390
- Subsections 14(2) to (6)

364. Subsections
14(2) to (6) are being repealed because they repeat rules found in
section 33A of the Acts Interpretation Act (as amended by
item 76 of Schedule 1 to this Bill). Item 389 adds a
note so readers are aware of section 33A of the Acts Interpretation
Act.

Item 391
- At the end of subsection 19(3)

365. Subsection
19(3) deals with acting Electoral Commissioner arrangements.
A note is being added to refer readers to the acting appointment
provisions contained in section 33A of the Acts Interpretation
Act.

Item 392
- Subsection 19(5)

366. Subsection
19(5) provides that ‘a person acting as the
Electoral
Commissioner has, and
may exercise, all the powers and shall perform all the functions of
the
Electoral Commissioner ’.
This is a rule set out in existing paragraph 33A(1)(e) of the Acts
Interpretation Act, therefore this rule does not need to be
repeated in the Commonwealth Electoral Act 1918 and due to
the note added by item 391, readers will know to refer to section
33A of the Acts Interpretation Act.

Item 393
- Subsection 26(1)

367. This item
removes the number (1) from subsection 26(1) because item 397
repeals subsections 26(2) to (6), therefore the text that is
currently in subsection 26(1) will become the only text in this
section.

Item 394
- Subparagraph 26(1)(b)(ii)

368. This item
replaces the semicolon after the phrase ‘Deputy Electoral
Commissioner’ with a full stop because item 395 removes
the text that currently follows the phrase ‘Deputy Electoral
Commissioner’.

Item 395
- Subsection 26(1)

369. Subsection
26(1) provides that ‘but a person appointed to act during a
vacancy shall not continue so to act for more than 12
months’. This is a rule set out in existing paragraph
33A(1)(ba) of the Acts Interpretation Act, which provides that
‘where the appointment is to act in a vacant office, the
appointee must not continue to act in the office for more than 12
months’. Therefore this rule does not need to be
repeated in the Commonwealth Electoral Act 1918 and due to
the note added by item 396, readers will know to refer to section
33A of the Acts Interpretation Act.

Item 396
- At the end of subsection 26(1)

370. Subsection
26(1) deals with acting Electoral Commissioner appointments.
A note is being added to refer readers to the acting appointment
provisions contained in section 33A of the Acts Interpretation
Act.

Item 397
- Subsections 26(2) to (6)

371. Subsections
26(2) to (6) are being repealed because they repeat rules found in
section 33A of the Acts Interpretation Act (as amended by
item 76 of Schedule 1 to this Bill). Item 396 adds a
note so readers are aware of section 33A of the Acts Interpretation
Act.

Item 398
- Subsection 27(1)

372. This item
removes the number (1) from subsection 27(1) because item 402
repeals subsections 27(2) to (6), therefore the text that is
currently in subsection 27(1) will become the only text in this
section.

Item 399
- Paragraph 27(1)(b)

373. This item
replaces the semicolon after the word ‘office’ with a
full stop because item 400 removes the text that currently
follows the word ‘office’.

Item 400
- Subsection 27(1)

374. Subsection
27(1) provides that ‘but a person appointed to act during a
vacancy shall not continue so to act for more than 12
months’. This is a rule set out in existing paragraph
33A(1)(ba) of the Acts Interpretation Act, which provides that
‘where the appointment is to act in a vacant office, the
appointee must not continue to act in the office for more than 12
months’. Therefore this rule does not need to be
repeated in the Commonwealth Electoral Act 1918 and due to
the note added by item 401, readers will know to refer to section
33A of the Acts Interpretation Act.

Item 401
- At the end of subsection 27(1)

375. Subsection
27(1) deals with acting Deputy Electoral Commissioner
appointments. A note is being added to refer readers to the
acting appointment provisions contained in section 33A of the Acts
Interpretation Act.

Item 402
- Subsections 27(2) to (6)

376. Subsections
27(2) to (6) are being repealed because they repeat rules found in
section 33A of the Acts Interpretation Act (as amended by
item 76 of Schedule 1 to this Bill). Item 401 adds a
note so readers are aware of section 33A of the Acts Interpretation
Act.

Item 403
- At the end of subsection 30(2)

377. Subsection
30(2) deals with acting Australian Electoral Officer for the
Australian Capital Territory appointments. A note is being
added to refer readers to the acting appointment provisions
contained in section 33A of the Acts Interpretation
Act.

Item 404
- Subsections 30(3) to (5)

378. Subsections
30(3) to (5) are being repealed because they repeat rules found in
section 33A of the Acts Interpretation Act (as amended by
item 76 of Schedule 1 to this Bill). Item 403 adds a
note so readers are aware of section 33A of the Acts Interpretation
Act.

Item 405
- At the end of subsection 31(3)

379. Subsection
31(3) deals with acting Australian Electoral Officer for a State
arrangements. A note is being added to refer readers to the
acting appointment provisions contained in section 33A of the Acts
Interpretation Act.

Item 406
- Subsection 31(4)

380. This item
repeals subsection 31(4) which provides that ‘a person acting
as
Australian
Electoral
Officer for a
State has, and may exercise, all the powers and shall perform all
the functions of the
Australian
Electoral Officer for the
State’. This is the same as subparagraph 33A(1)(e)(i)
of the Acts Interpretation Act and therefore does not need to be
repeated in the Commonwealth Electoral Act 1918. Item
405 adds a note to refer readers to section 33A of the Acts
Interpretation Act.

Item 407
- Subsection 253(2)

381. This item
removes the reference to ‘standard’ time in subsection
253(2) of the Commonwealth Electoral Act 1918 because item
94 of Schedule 1 to this Bill removes the concept of
‘standard time’ from the Acts Interpretation Act so
that only the reference to ‘legal time’
remains.

Commonwealth
Serum Laboratories Act 1961

Item 408
- Subsection 19B(1) (definition of Australian
citizen )

382. The
definition of Australian citizen in subsection 19B(1) of the
Commonwealth Serum Laboratories Act 1961 is being repealed
because a definition is being included in new section 2B of the
Acts Interpretation Act (see item 4 of Schedule 1). The
meaning remains the same.

Competition
and Consumer Act 2010

Item 409
- Subsection 4(1) (definition of
document )

383. The
definition of ‘document’ in subsection 4(1) of the
Competition and Consumer Act 2010 is being amended so that
it is consistent with the amendments to the definition of
‘document’ in the Acts Interpretation Act being made by
item 4 of Schedule 1 to this Bill.

Item 410
- At the end of subsection 11(1)

384. Subsection
11(1) deals with acting Chairperson appointments. A note is
being added to refer readers to the acting appointment provisions
contained in section 33A of the Acts Interpretation
Act.

Item 411
- Subsection 11(1A)

385. This item
repeals subsection 11(1A) which specifies certain conditions when
actions taken will not be invalid. This is a rule that is
being added to section 33A of the Acts Interpretation Act (see
item 76 of Schedule 1 to this Bill) and therefore does not
need to be repeated in the Competition and Consumer Act
2010 . Item 410 adds a note to refer readers to section
33A of the Acts Interpretation Act.

Item 412
- At the end of subsection 11(2)

386. Subsection
11(2) deals with acting Chairperson arrangements. A note is
being added to refer readers to the acting appointment provisions
contained in section 33A of the Acts Interpretation
Act.

Item 413
- Subsection 29E(1)

387. This item
removes the number (1) from subsection 29E(1) because item 415
repeals subsection 29E(2), therefore the text that is currently in
subsection 29E(1) will become the only text in this
section.

Item 414
- At the end of subsection 29E(1)

388. Subsection
29E(1) deals with acting Council President appointments. A
note is being added to refer readers to the acting appointment
provisions contained in section 33A of the Acts Interpretation
Act.

Item 415
- Subsection 29E(2)

389. This item
repeals subsection 29E(2) which specifies certain conditions when
actions taken will not be invalid. This is a rule that is
being added by section 33AB of the Acts Interpretation Act (see
item 75 of Schedule 1 to this Bill) and therefore does not
need to be repeated in the Competition and Consumer Act
2010. Item 414 adds a note to refer readers to section
33A of the Acts Interpretation Act.

Item 416
- At the end of subsections 34(1), (2) and (3)

390. Subsections
34(1), (2) and (3) deal with acting President, Deputy President and
member appointments respectively. Notes are being added to
refer readers to the acting appointment provisions contained in
section 33A of the Acts Interpretation Act.

Item 417
- Subsection 44A(1)

391. This item
removes the number (1) from subsection 44A(1) because item 419
repeals subsections 44A(2) to (6), therefore the text that is
currently in subsection 44A(1) will become the only text in this
section.

Item 418
- At the end of subsection 44A(1)

392. Subsection
44A(1) deals with acting Registrar and Deputy Registrar
appointments. A note is being added to refer readers to the
acting appointment provisions contained in section 33A of the Acts
Interpretation Act.

Item 419
- Subsections 44A(2) to (6)

393. Subsections
44A(2) to (6) are being repealed because they repeat rules found in
section 33A of the Acts Interpretation Act (as amended by
item 76 of Schedule 1 to this Bill). Item 418 adds a
note so readers are aware of section 33A of the Acts Interpretation
Act.

Item 420
- Subsection 44AO(1) (note)

394. Subsection
44AO(1) deals with acting Commonwealth AER member
appointments. There is currently a note referring readers to
section 33A of the Acts Interpretation Act, but this is being
updated for consistency with notes of this kind in other
Commonwealth Acts.

Item 421
- Subsection 44AO(3)

395. This item
repeals subsection 44AO(3) which specifies certain conditions when
actions taken will not be invalid. This is a rule that is
being added by section 33AB of the Acts Interpretation Act (see
item 75 of Schedule 1 to this Bill) and therefore does not
need to be repeated in the Competition and Consumer Act
2010. Item 420 updates a note referring readers to
section 33A of the Acts Interpretation Act.

Item 422
- Subsection 44AQ(1) (note)

396. Subsection
44AQ(1) deals with acting State/Territory AER member
appointments. There is currently a note referring readers to
section 33A of the Acts Interpretation Act, but this is being
updated for consistency with notes of this kind in other
Commonwealth Acts.

Item 423
- Subsection 44AS(1) (note)

397. Subsection
44AS(1) deals with acting AER Chair appointments. There is
currently a note referring readers to section 33A of the Acts
Interpretation Act, but this is being updated for consistency with
notes of this kind in other Commonwealth Acts.

Item 424
- Subsection 44AS(3)

398. This item
repeals subsection 44AS(3) which specifies certain conditions when
actions taken will not be invalid. This is a rule that is
being added by section 33AB of the Acts Interpretation Act (see
item 75 of Schedule 1 to this Bill) and therefore does not
need to be repeated in the Competition and Consumer Act
2010. Item 423 updates a note referring readers to
section 33A of the Acts Interpretation Act.

Item 425
- Section 44AAH (note 1)

399. This note
refers to the definitions of ‘SES employee’ and
‘acting SES employee’ in section 17AA of the Acts
Interpretation Act. Item 4 of Schedule 1 to this Bill moves
these definitions to new section 2B, so this item updates the
cross-references.

Item 426
- Paragraph 51(2)(c)

400. This item
updates a reference to ‘Standards Australia International
Limited’ in the Competition and Consumer Act 2010 to
reflect a new definition in the Acts Interpretation Act (see new
section 2B inserted by item 4 of Schedule 1 to this
Bill).

Item 427
- Subsection 151BUAA(1B) (note)

401. The note
to subsection 151BUAA(1B) contains a reference to subsection 46(2)
of the Acts Interpretation Act. That subsection was
repealed by the Legislative Instruments (Transitional Provisions
and Consequential Amendments) Act 2003 and therefore the
cross-reference is being replaced by a reference to subsection
13(3) of the Legislative Instruments Act
2003 .

Item 428
- Subsection 151BUA(2) (note)

Item 429
- Subsection 151BUA(6) (note)

Item 430
- Subsection 151BUB(2) (note)

Item 431
- Subsection 151BUC(2) (note 2)

402. These
notes contain references to subsection 46(2) of the Acts
Interpretation Act. That subsection was repealed by the
Legislative Instruments (Transitional Provisions and
Consequential Amendments) Act 2003 and, with respect to
non-legislative instruments, replaced by subsection 46(3) of the
Acts Interpretation Act. As the content of
subsection 46(3) is being moved to new subsection 33(3AB) (see
item 71 in Schedule 1 to this Bill), the cross-references are being
updated.

Item 432
- Subsection 151BUD(1) (note)

Item 433
- Subsection 151BUD(3) (note)

403. The notes
to subsections 151BUD(1) and (3) contain a reference to subsection
46(2) of the Acts Interpretation Act. That subsection was
repealed by the Legislative Instruments (Transitional Provisions
and Consequential Amendments) Act 2003 and therefore the
cross-references are being replaced by references to subsection
13(3) of the Legislative Instruments Act
2003 .

Item 434
- Subsection 151BUDA(2) (note)

Item 435
- Subsection 151BUDB(2) (note)

Item 436
- Subsection 151BUDC(2) (note 2)

404. These
notes contain references to subsection 46(2) of the Acts
Interpretation Act. That subsection was repealed by the
Legislative Instruments (Transitional Provisions and
Consequential Amendments) Act 2003 and, with respect to
non-legislative instruments, replaced by subsection 46(3) of the
Acts Interpretation Act. As the content of
subsection 46(3) is being moved to new subsection 33(3AB) (see
item 71 in Schedule 1 to this Bill), the cross-references are being
updated.

Item 437
- Subsection 152AR(4B) and (4C) (note)

405. The notes
to subsections 152AR(4B) and (4C) contain a reference to subsection
46(2) of the Acts Interpretation Act. That subsection was
repealed by the Legislative Instruments (Transitional Provisions
and Consequential Amendments) Act 2003 and therefore the
cross-reference is being replaced by a reference to subsection
13(3) of the Legislative Instruments Act
2003 .

Item 438
- Paragraph 51(2)(c) of Schedule 1

406. This item
updates a reference to ‘Standards Australia International
Limited’ in the Competition and Consumer Act 2010 to
reflect a new definition in the Acts Interpretation Act (see new
section 2B inserted by item 4 of Schedule 1 to this
Bill).

Item 439
- Subsection 2(1) of Schedule 2 (definition of
document )

407. The
definition of document in subsection 2(1) of Schedule 2 to the
Competition and Consumer Act 2010 is being amended so that
it is consistent with the amendments to the definition of
‘document’ in the Acts Interpretation Act being made by
item 4 of Schedule 1 to this Bill.

Item 440
- Paragraph 105(1)(a) of Schedule 2

Item 441
- Paragraph 135(1)(a) of Schedule 2

408. These
items update references to ‘Standards Australia International
Limited’ in the Competition and Consumer Act 2010 to
reflect a new definition in the Acts Interpretation Act (see new
section 2B inserted by item 4 of Schedule 1 to this
Bill).

Coordinator-General
for Remote Indigenous Services Act 2009

Item 442
- Subsection 19(1) (note)

409. The note
to subsection 19(1) refers to subsection 33(4A) of the Acts
Interpretation Act. Schedule 1 to this Bill moves the content
of subsection 33(4A) to new section 33AA (see item 75), so the
cross-reference is being updated.

Item 443
- At the end of subsection 20(1)

410. Subsection
20(1) deals with acting Coordinator-General appointments. A
note is being added to refer readers to the acting appointment
provisions contained in section 33A of the Acts Interpretation
Act.

Item 444
- Subsection 20(3)

411. This item
repeals subsection 20(3) which specifies certain conditions when
actions taken will not be invalid. This is a rule that is
being added by section 33AB of the Acts Interpretation Act (see
item 75 of Schedule 1 to this Bill) and therefore does not
need to be repeated in the Coordinator-General for Remote
Indigenous Services Act 2009. Item 443 adds a note to
refer readers to section 33A of the Acts Interpretation
Act.

Copyright
Act 1968

Item 445
- At the end of subsection 170(7)

412. Subsection
170(7) deals with acting Registrar appointments. A note is
being added to refer readers to the acting appointment provisions
contained in section 33A of the Acts Interpretation
Act.

Item 446
- Subsection 170(8)

413. This item
repeals subsection 170(8) which specifies certain conditions when
actions taken will not be invalid. This is a rule that is
being added by section 33AB of the Acts Interpretation Act (see
item 75 of Schedule 1 to this Bill) and therefore does not
need to be repeated in the Copyright Act 1968. Item
445 adds a note to refer readers to section 33A of the Acts
Interpretation Act.

Corporations
(Aboriginal and Torres Strait Islander) Act 2006

Item 447
- At the end of subsections 663-25(1) and (2)

414. Subsections
663-25(1) and (2) deal with acting Registrar and Deputy Registrar
appointments respectively. Notes are being added to refer
readers to the acting appointment provisions contained in section
33A of the Acts Interpretation Act.

Item 448
- Subsection 663-25(3)

415. This item
repeals subsection 663-25(3) which specifies certain conditions
when actions taken will not be invalid. This is a rule that
is being added by section 33AB of the Acts Interpretation Act (see
item 75 of Schedule 1 to this Bill) and therefore does not
need to be repeated in the Corporations (Aboriginal and Torres
Strait Islander) Act 2006 . Item 447 adds notes to refer
readers to section 33A of the Acts Interpretation
Act.

Item 449
- Subsection 694-110(3)

416. This item
updates a cross-references because item 86 of Schedule 1 to this
Bill adds the number (1) to the first subsection of section 34AB of
the Acts Interpretation Act as a result of a new subsection being
added to section 34AB of the Acts Interpretation Act by item 89 of
Schedule 1 to this Bill.

Item 450
- Section 700-1 (definition of Australia )
(note)

417. The
definition of ‘Australia’ in section 700-1 of the
Corporations (Aboriginal and Torres Strait Islander) Act
2006 refers to paragraph 17(a) of the Acts Interpretation
Act. Item 4 of Schedule 1 to this Bill moves this definition
to new section 2B, so this item updates the
cross-reference.

Item 451
- Section 700-1 (definition of business
day )

418. The
definition of business day in section 700-1 of the Corporations
(Aboriginal and Torres Strait Islander) Act 2006 is being
repealed because a definition is being included in new section 2B
of the Acts Interpretation Act (see item 4 of Schedule
1). The only difference in meaning will be that a bank
holiday is currently specified not to be a business day, whereas
this will not be the case under the new definition in the Acts
Interpretation Act.

Item 452
- Section 700-1 (definition of territorial
sea )

419. The
definition of territorial sea in section 700-1 of the
Corporations (Aboriginal and Torres Strait Islander) Act
2006 is being repealed because a definition of territorial sea
is being included in the Acts Interpretation Act that will apply
(see item 4 of Schedule 1). The meaning remains the
same.

Crimes
Act 1914

Item 453
- Subsection 4AAA(1) (note 2)

Item 454
- Subsection 4AAB(1) (note 2)

420. These
notes refer to the definition of ‘Justice of the Peace’
in paragraph 26(e) of the Acts Interpretation Act. Item 4 of
Schedule 1 to this Bill moves this definition to new
section 2B, so these items update the
cross-references.

Item 455
- Subsection 15A(1ACA)

421. This
subsection provides that paragraph 26(d) of the Acts Interpretation
Act (which defines ‘court of summary jurisdiction’)
does not apply. Section 26 is repealed by item 57 of Schedule
1 and whilst there will be a definition of ‘court of summary
jurisdiction’ in new section 2B (see item 4), the
revised definition will be consistent with the reference to
‘court of summary jurisdiction’ in subsection 15A(1AC)
of the Crimes Act 1914 . Therefore subsection 15A(1ACA)
is being repealed.

Item 456
- At the end of section 25

422. Subsection
25(2) of the Crimes Act 1914 contains a reference to
‘British possession’ which is currently defined in
section 18 of the Acts Interpretation Act. The only
application for this definition is for this subsection of the
Crimes Act 1914 , therefore the definition is being repealed
from the Acts Interpretation Act (see item 33 of Schedule 1 to this
Bill) and inserted in section 25 as a new subsection 25(3).
The definition remains the same except that reference to the
‘King’s dominions’ is being updated to the
‘Sovereign’s dominions’.

Crimes at
Sea Act 2000

Item 457
- Clause 13 of Schedule 1 (definition of continental
shelf )

Item 458
- Clause 13 of Schedule 1 (definition of territorial
sea )

423. The
definitions of ‘continental shelf’ and
‘territorial sea’ in clause 13 of Schedule 1 to the
Crimes at Sea Act 2000 are being repealed because
definitions of these terms are being included in the Acts
Interpretation Act that will apply (see item 4 of Schedule
1). The meaning remains the same in both
cases.

Criminal
Code Act 1995

Item 459
- Subsection 100.5(3) of the Criminal
Code

424. Subsection
100.5(3) of the Criminal Code refers to sections 22A, 22B
and 22C of the Acts Interpretation Act. The content of these
sections is being moved to sections 2D, 2E and 2F, so this item
updates the cross-references.

425. Both of
these notes refer to the definition of ‘person’ in
paragraph 22(1)(a) of the Acts Interpretation Act. This
definition is being moved to new subsection 2C(1) by item 4 of
Schedule 1 to this Bill, so this amendment updates the
cross-references.

Criminology
Research Act 1971

Item 462
- Subsection 22(1)

426. This item
removes the number (1) from subsection 22(1) because item 466
repeals subsections 22(2) to (7), therefore the text that is
currently in subsection 22(1) will become the only text in this
section.

Item 463
- Paragraph 22(1)(b)

427. This item
replaces the semicolon after the word ‘Director’ with a
full stop because item 464 removes the text that currently
follows the word ‘Director’.

Item 464
- Subsection 22(1)

428. Subsection
22(1) provides that ‘but a person appointed to act during a
vacancy shall not continue so to act for more than 12
months’. This is a rule set out in existing paragraph
33A(1)(ba) of the Acts Interpretation Act, which provides that
‘where the appointment is to act in a vacant office, the
appointee must not continue to act in the office for more than 12
months’. Therefore this rule does not need to be
repeated in the Criminology Research Act 1971 and due to the
note added by item 465, readers will know to refer to section 33A
of the Acts Interpretation Act.

Item 465
- At the end of subsection 22(1)

429. Subsection
22(1) deals with acting Director appointments. A note is
being added to refer readers to the acting appointment provisions
contained in section 33A of the Acts Interpretation
Act.

Item 466
- Subsections 22(2) to (7)

430. Subsections
22(2) to (7) are being repealed because they repeat rules found in
section 33A of the Acts Interpretation Act (as amended by
item 76 of Schedule 1 to this Bill). Item 465 adds
a note so readers are aware of section 33A of the Acts
Interpretation Act.

Cross-Border
Insolvency Act 2008

Item 467
- Subsection 7(2) (note)

431. This note
refers to the definition of ‘Australia’ in paragraph
17(a) of the Acts Interpretation Act. Item 4 of Schedule 1 to
this Bill moves this definition to new section 2B, so this
item updates the cross-reference.

432. These items
repeal the definitions of ‘contiguous zone’,
‘Continental shelf’, ‘exclusive economic
zone’ and ‘insolvent under administration’ from
subsection 4(1) of the Customs Act 1901 . This is
because definitions of all of these terms are being included in the
Acts Interpretation Act that will apply (see item 4 of Schedule
1). The meaning remains the same in all cases.

Item 472
- Subsection 9(3)

433. This item
updates a cross-reference because Schedule 1 to this Bill adds a
subsection (1) to section 34AB of the Acts Interpretation
Act.

Item 473
- Subsections 71AAAE(1) and (2) (note 2)

434. The second
note in subsections 71AAAE(1) and (2) contain references to
subsection 46(2) of the Acts Interpretation Act. That
subsection was repealed by the Legislative Instruments
(Transitional Provisions and Consequential Amendments) Act 2003
and therefore the cross-reference is being replaced by a reference
to subsection 13(3) of the Legislative Instruments Act
2003 .

435. These
items repeal definitions of ‘continental shelf’ and
‘exclusive economic zone’ from subsections 153ZA(1),
153ZIB(1) and 153ZKB(1) of the Customs Act 1901 . This
is because definitions of these terms are being included in the
Acts Interpretation Act that will apply (see item 4 of Schedule
1). The meaning remains the same in all cases.

Item 477
- At the end of subsection 269ZS(1)

436. Subsection
269ZS(1) deals with acting Review Officer appointments. A
note is being added to refer readers to the acting appointment
provisions contained in section 33A of the Acts Interpretation
Act.

Item 478
- Subsection 269ZS(3)

437. This item
repeals subsection 269ZS(3) which specifies certain conditions when
actions taken will not be invalid. This is a rule that is
being added by section 33AB of the Acts Interpretation Act (see
item 75 of Schedule 1 to this Bill) and therefore does not
need to be repeated in the Customs Act 1901 .
Item 477 adds a note to refer readers to section 33A of the Acts
Interpretation Act.

Customs
Administration Act 1985

Item 479
- Subsection 13(1)

438. This item
removes the number (1) from subsection 13(1) because item 481
repeals subsections 13(2) to (8), therefore the text that is
currently in subsection 13(1) will become the only text in this
section.

Item 480
- At the end of subsection 13(1)

439. Subsection
13(1) deals with acting CEO appointments. A note is being
added to refer readers to the acting appointment provisions
contained in section 33A of the Acts Interpretation
Act.

Item 481
- Subsections 13(2) to (8)

440. Subsections
13(2) to (8) are being repealed because they repeat rules found in
section 33A of the Acts Interpretation Act (as amended by
item 76 of Schedule 1 to this Bill). Item 480 adds a
note so readers are aware of section 33A of the Acts Interpretation
Act.

Item 482
- Subsection 14(4)

441. This item
updates a cross-reference because Schedule 1 to this Bill adds a
subsection (1) to section 34AB of the Acts Interpretation
Act.

442. These
items update references to ‘Standards Australia International
Limited’ in the Customs Tariff Act 1995 due to the new
definition being added to the Acts Interpretation Act and update
reference numbers to reflect the new rule for interpreting
Australian Standards numbers being included in the Acts
Interpretation Act (see new section 2L inserted by item 4
of Schedule 1 to this Bill).

Defence
Act 1903

Item 487
- Subsection 9C(1)

443. This item
removes the number (1) from subsection 9C(1) because item 491
repeals subsection 9C(2), therefore the text that is currently in
subsection 9C(1) will become the only text in this
section.

Item 488
- Paragraph 9C(1)(b)

444. This item
replaces the semicolon after the word ‘office’ with a
full stop because item 489 removes the text that currently
follows the word ‘office’.

Item 489
- Subsection 9C(1)

445. Subsection
9C(1) provides that ‘but a person appointed to act during a
vacancy shall not continue so to act for more than 12
months’. This is a rule set out in existing paragraph
33A(1)(ba) of the Acts Interpretation Act, which provides that
‘where the appointment is to act in a vacant office, the
appointee must not continue to act in the office for more than 12
months’. Therefore this rule does not need to be
repeated in the Defence Act 1903 and due to the note added
by item 490, readers will know to refer to section 33A of the Acts
Interpretation Act.

Item 490
- At the end of subsection 9C(1)

446. Subsection
9C(1) deals with acting Chief of the Defence Force, Vice Chief of
the Defence Force and office of service chief of an arm of the
Defence Force appointments. A note is being added to refer
readers to the acting appointment provisions contained in section
33A of the Acts Interpretation Act.

Item 491
- Subsection 9C(2)

447. This item
repeals subsection 9C(2) which specifies certain conditions when
actions taken will not be invalid. This is a rule that is
being added by section 33AB of the Acts Interpretation Act (see
item 75 of Schedule 1 to this Bill) and therefore does not
need to be repeated in the Defence Act 1903. Item 490
adds a note to refer readers to section 33A of the Acts
Interpretation Act.

Item 492
- Subsection 51(1) (definition of continental
shelf )

Item 493
- Subsection 51(1) (definition of exclusive economic
zone )

Item 494
- Subsection 51(1) (definition of territorial
sea )

448. These
items repeal the definitions of ‘continental shelf’,
‘exclusive economic zone’ and ‘territorial
sea’ from subsection 51(1) of the Defence Act
1903 . This is because definitions of all of these terms
are being included in the Acts Interpretation Act that will apply
(see item 4 of Schedule 1). The meaning remains the same in
all cases.

Item 495
- Paragraph 58P(1)(b)

449. This item
replaces the semicolon after the word ‘office’ with a
full stop because item 496 removes the text that currently
follows the word ‘office’.

Item 496
- Subsection 58P(1)

450. Subsection
58P(1) provides that ‘but a person appointed to act during a
vacancy shall not continue so to act for more than 12
months’. This is a rule set out in existing paragraph
33A(1)(ba) of the Acts Interpretation Act, which provides that
‘where the appointment is to act in a vacant office, the
appointee must not continue to act in the office for more than 12
months’. Therefore this rule does not need to be
repeated in the Defence Act 1903 and due to the note added
by item 497, readers will know to refer to section 33A of the Acts
Interpretation Act.

Item 497
- At the end of subsection 58P(1)

451. Subsection
58P(1) of the Defence Act 1903 deals with acting members of
the Tribunal appointments. This item adds a note referring
readers to section 33A of the Acts Interpretation Act.

Item 498
- Subsections 58P(2) to (7)

452. Subsections
58P(2) to (7) are being repealed because they repeat rules found in
section 33A of the Acts Interpretation Act (as amended by
item 76 of Schedule 1 to this Bill). Item 497 adds a
note so readers are aware of section 33A of the Acts Interpretation
Act.

Item 499
- Subsection 58X(1)

453. This item
removes the number (1) from subsection 58X(1) because item 503
repeals subsections 58X(2) to (7), therefore the text that is
currently in subsection 58X(1) will become the only text in this
section.

Item 500
- Paragraph 58X(1)(b)

454. This item
replaces the semicolon after the word ‘office’ with a
full stop because item 501 removes the text that currently
follows the word ‘office’.

Item 501
- Subsection 58X(1)

455. Subsection
58X(1) provides that ‘but a person appointed to act during a
vacancy shall not continue so to act for more than 12
months’. This is a rule set out in existing paragraph
33A(1)(ba) of the Acts Interpretation Act, which provides that
‘where the appointment is to act in a vacant office, the
appointee must not continue to act in the office for more than 12
months’. Therefore this rule does not need to be
repeated in the Defence Act 1903 and due to the note added
by item 502, readers will know to refer to section 33A of the Acts
Interpretation Act.

Item 502
- At the end of subsection 58X(1)

456. Subsection
58X(1) deals with acting Advocate appointments. A note is
being added to refer readers to the acting appointment provisions
contained in section 33A of the Acts Interpretation
Act.

Item 503
- Subsections 58X(2) to (7)

457. Subsections
58X(2) to (7) are being repealed because they repeat rules found in
section 33A of the Acts Interpretation Act (as amended by
item 76 of Schedule 1 to this Bill). Item 502 adds a
note so readers are aware of section 33A of the Acts Interpretation
Act.

Item 504
- At the end of subsections 61CO(1) and (2)

458. Subsections
61CO(1) and (2) deal with acting full-time and part-time members of
a
Conscientious Objection Tribunal appointments
respectively. Notes are being added to refer readers to the
acting appointment provisions contained in section 33A of the Acts
Interpretation Act.

Item 505
- Subsection 61CO(9)

459. This item
repeals subsection 61CO(9) which specifies certain conditions when
actions taken will not be invalid. This is a rule that is
being added by section 33AB of the Acts Interpretation Act (see
item 75 of Schedule 1 to this Bill) and therefore does not
need to be repeated in the Defence Act 1903. Item 504
adds notes to refer readers to section 33A of the Acts
Interpretation Act.

Item 506
- At the end of subsection 110N(1)

460. Subsection
110N(1) deals with acting Inspector-General ADF
appointments. A note is being added to refer readers to the
acting appointment provisions contained in section 33A of the Acts
Interpretation Act.

Item 507
- Subsection 110N(2)

461. This item
repeals subsection 110N(2) which specifies certain conditions when
actions taken will not be invalid. This is a rule that is
being added by section 33AB of the Acts Interpretation Act (see
item 75 of Schedule 1 to this Bill) and therefore does not
need to be repeated in the Defence Act 1903. Item 506
adds a note to refer readers to section 33A of the Acts
Interpretation Act.

Item 508
- Subsections 110YC(1) and (2) (note)

462. Subsections
110YC(1) and (2) deal with acting Tribunal Chair and member
appointments. There is currently a note referring readers to
section 33A of the Acts Interpretation Act, but this is being
updated for consistency with notes of this kind in other
Commonwealth Acts.

Item 509
- Subsection 110YC(4)

463. This item
repeals subsection 110YC(4) which specifies certain conditions when
actions taken will not be invalid. This is a rule that is
being added by section 33AB of the Acts Interpretation Act (see
item 75 of Schedule 1 to this Bill) and therefore does not
need to be repeated in the Defence Act 1903. Item 508
adds notes to refer readers to section 33A of the Acts
Interpretation Act.

Defence
Force Discipline Act 1982

Item 510
- Subsection 188(1)

464. This item
removes the number (1) from subsection 188(1) because item 514
repeals subsections 188(2) to (8), therefore the text that is
currently in subsection 188(1) will become the only text in this
section.

Item 511
- Paragraph 188(1)(b)

465. This item
replaces the semicolon after the word ‘office’ with a
full stop because item 512 removes the text that currently
follows the word ‘office’.

Item 512
- Subsection 188(1)

466. Subsection
188(1) provides that ‘but a person appointed to act during a
vacancy shall not continue so to act for more than 12
months’. This is a rule set out in existing paragraph
33A(1)(ba) of the Acts Interpretation Act, which provides that
‘where the appointment is to act in a vacant office, the
appointee must not continue to act in the office for more than 12
months’. Therefore this rule does not need to be
repeated in the Defence Force Discipline Act 1982 and due to
the note added by item 513, readers will know to refer to section
33A of the Acts Interpretation Act.

Item 513
- At the end of subsection 188(1)

467. Subsection
188(1) deals with acting Judge Advocate General or a
Deputy Judge Advocate
General appointments.
A note is being added to refer readers to the acting appointment
provisions contained in section 33A of the Acts Interpretation
Act.

Item 514
- Subsections 188(2) to (8)

468. Subsections
188(2) to (8) are being repealed because they repeat rules found in
section 33A of the Acts Interpretation Act (as amended by
item 76 of Schedule 1 to this Bill). Item 513 adds a
note so readers are aware of section 33A of the Acts Interpretation
Act.

Item 515
- At the end of subsection 188FL(1)

469. Subsection
188FL(1) deals with acting Registrar appointments. A note is
being added to refer readers to the acting appointment provisions
contained in section 33A of the Acts Interpretation Act.

Item 516
- Subsection 188FL(2)

470. This item
repeals subsection 188FL(2) which specifies certain conditions when
actions taken will not be invalid. This is a rule that is
being added by section 33AB of the Acts Interpretation Act (see
item 75 of Schedule 1 to this Bill) and therefore does not
need to be repeated in the Defence Force Discipline Act
1982. Item 515 adds a note to refer readers to section
33A of the Acts Interpretation Act.

Item 517
- At the end of subsection 188GP(1)

471. Subsection
188GP(1) deals with acting Director of Military Prosecutions
appointments. A note is being added to refer readers to the
acting appointment provisions contained in section 33A of the Acts
Interpretation Act.

Item 518
- Subsection 188GP(2)

472. This item
repeals subsection 188GP(2) which specifies certain conditions when
actions taken will not be invalid. This is a rule that is
being added by section 33AB of the Acts Interpretation Act (see
item 75 of Schedule 1 to this Bill) and therefore does not
need to be repeated in the Defence Force Discipline Act
1982. Item 517 adds a note to refer readers to section
33A of the Acts Interpretation Act.

Defence
Force Retirement and Death Benefits Act 1973

Item 519
- Paragraph 6A(4)(ba)

473. This
paragraph refers to the definition of ‘registered
relationship’ in section 22B of the Acts Interpretation
Act. Item 4 of Schedule 1 to this Bill moves this definition
to new section 2E, so this item updates the
cross-reference.

Defence
Home Ownership Assistance Scheme Act 2008

Item 520
- Subsection 80(1) (note)

Item 521
- Subsection 81(1) (note)

Item 522
- Subsection 81(6) (note at the end of the definition of
senior employee ) (note)

474. These
notes refer to the definitions of ‘SES employee’ and
‘acting SES employee’ in section 17AA of the Acts
Interpretation Act. Item 4 of Schedule 1 to this Bill moves
these definitions to new section 2B, so these items update the
cross-references.

Defence
Housing Australia Act 1987

Item 523
- At the end of subsections 23(1), (2) and
(2A)

475. Subsections
23(1), (2) and (2A) deal with acting Chairperson and member
appointments. Notes are being added to refer readers to the
acting appointment provisions contained in section 33A of the Acts
Interpretation Act.

Item 524
- Subsections 23(3) to (9)

476. Subsections
23(3) to (9) are being repealed because they are similar to rules
found in section 33A of the Acts Interpretation Act (as amended by
item 76 of Schedule 1 to this Bill). Item 523 adds
a note so readers are aware of section 33A of the Acts
Interpretation Act.

Item 525
- Subsection 27(3) (note)

477. The note
to subsection 27(3) refers to subsection 33(4A) of the Acts
Interpretation Act. Schedule 1 to this Bill moves the content
of subsection 33(4A) to new section 33AA (see item 75), so the
cross-reference is being updated.

Item 526
- Paragraph 54(1)(b)

478. This item
replaces the semicolon after the word ‘office’ with a
full stop because item 527 removes the text that currently
follows the word ‘office’.

Item 527
- Subsection 54(1)

479. Subsection
54(1) provides that ‘but a person appointed to act during a
vacancy shall not continue to act as Managing Director for more
than 12 months’. This is a rule set out in existing
paragraph 33A(1)(ba) of the Acts Interpretation Act, which provides
that ‘where the appointment is to act in a vacant office, the
appointee must not continue to act in the office for more than 12
months’. Therefore this rule does not need to be
repeated in the Defence Housing Australia Act 1987 and due
to the note added by item 528, readers will know to refer to
section 33A of the Acts Interpretation Act.

Item 528
- At the end of subsection 54(1)

480. Subsection
54(1) deals with acting Managing Director appointments. A
note is being added to refer readers to the acting appointment
provisions contained in section 33A of the Acts Interpretation
Act.

Item 529
- Subsections 54(2) to (5) and (7)

481. Subsections
54(2) to (5) and (7) are being repealed because they repeat rules
found in section 33A of the Acts Interpretation Act (as amended by
item 76 of Schedule 1 to this Bill). Item 528 adds a
note so readers are aware of section 33A of the Acts Interpretation
Act.

Dental
Benefits Act 2008

Item 530
- Subsection 41(1) (note)

482. This note
refers to the definition of ‘APS employee’ in section
17AA of the Acts Interpretation Act. Item 4 of Schedule 1 to
this Bill moves this definition to new section 2B, so this
item updates the cross-reference.

Item 531
- Subsection 66(1) (note)

483. This note
refers to the definitions of ‘SES employee’ and
‘acting SES employee’ in section 17AA of the Acts
Interpretation Act. Item 4 of Schedule 1 to this Bill moves
these definitions to new section 2B, so this item updates the
cross-reference.

Designs
Act 2003

Item 532
- Subsection 15(2) (note)

484. This note
refers to the definition of ‘document’ in section 25 of
the Acts Interpretation Act. Item 4 of Schedule 1 to this
Bill moves this definition to new section 2B (and amends it),
so this item updates the cross-reference.

Development
Allowance Authority Act 1992

Item 533
- Subsection 106(1)

485. This item
removes the number (1) from subsection 106(1) because item 535
repeals subsections 106(5), therefore the text that is currently in
subsection 106(1) will become the only text in this section.
The heading to subsection 106(1) is being removed for the same
reason.

Item 534
- At the end of subsection 106(1)

486. Subsection
106(1) deals with acting Development Allowance Authority
appointments. A note is being added to refer readers to the
acting appointment provisions contained in section 33A of the Acts
Interpretation Act.

Item 535
- Subsection 106(5)

487. This item
repeals subsection 106(5) which specifies certain conditions when
actions taken will not be invalid. This is a rule that is
being added by section 33AB of the Acts Interpretation Act (see
item 75 of Schedule 1 to this Bill) and therefore does not
need to be repeated in the Development Allowance Authority Act
1992. Item 534 adds a note to refer readers to section
33A of the Acts Interpretation Act.

Director
of Public Prosecutions Act 1983

Item 536
- At the end of subsection 26(1)

488. Subsection
26(1) deals with acting Director appointments. A note is
being added to refer readers to the acting appointment provisions
contained in section 33A of the Acts Interpretation
Act.

Item 537
- At the end of subsection 26(1A)

489. Subsection
26(1A) deals with acting Director arrangements. A note is
being added to refer readers to the acting appointment provisions
contained in section 33A of the Acts Interpretation
Act.

Item 538
- Subsections 26(2), (4) and (6) to (9)

490. Subsections
26(2), (4) and (6) to (9) are being repealed because they repeat
rules found in section 33A of the Acts Interpretation Act (as
amended by item 76 of Schedule 1 to this Bill). Items
536 and 537 add notes so readers are aware of section 33A of the
Acts Interpretation Act.

Item 539
- Paragraph 26A(1)(b)

491. This item
replaces the semicolon after the word ‘office’ with a
full stop because item 540 removes the text that currently
follows the word ‘office’.

Item 540
- Subsection 26A(1)

492. Subsection
26A(1) provides that ‘but a person appointed to act during a
vacancy shall not continue so to act for more than 12
months’. This is a rule set out in existing paragraph
33A(1)(ba) of the Acts Interpretation Act, which provides that
‘where the appointment is to act in a vacant office, the
appointee must not continue to act in the office for more than 12
months’. Therefore this rule does not need to be
repeated in the Director of Public Prosecutions Act 1983 and
due to the note added by item 541, readers will know to refer to
section 33A of the Acts Interpretation Act.

Item 541
- At the end of subsection 26A(1)

493. Subsection
26A(1) deals with acting Associate Director appointments. A
note is being added to refer readers to the acting appointment
provisions contained in section 33A of the Acts Interpretation
Act.

Item 542
- Subsection 26A(3)

494. This item
repeals subsection 26A(3) which specifies certain conditions when
actions taken will not be invalid. This is a rule that is
being added by section 33AB of the Acts Interpretation Act (see
item 75 of Schedule 1 to this Bill) and therefore does not
need to be repeated in the Director of Public Prosecutions Act
1983 . Item 541 adds a note to refer readers to section
33A of the Acts Interpretation Act.

Disability
Discrimination Act 1992

Item 543
- Subsection 4(1) (definition of
document )

495. The
definition of ‘document’ in subsection 4(1) of the
Disability Discrimination Act 1992 is being repealed so that
the new definition of document in section 2B of the Acts
Interpretation Act applies (see item 4 of Schedule 1).

Item 544
- Subsection 120(1)

496. This item
removes the number (1) from subsection 120(1) because item 546
repeals subsection 120(2), therefore the text that is currently in
subsection 120(1) will become the only text in this
section.

Item 545
- At the end of subsection 120(1)

497. Subsection
120(1) deals with acting Commissioner appointments. A note is
being added to refer readers to the acting appointment provisions
contained in section 33A of the Acts Interpretation
Act.

Item 546
- Subsection 120(2)

498. This item
repeals subsection 120(2) which specifies certain conditions when
actions taken will not be invalid. This is a rule that is
being added by section 33AB of the Acts Interpretation Act (see
item 75 of Schedule 1 to this Bill) and therefore does not
need to be repeated in the Disability Discrimination Act
1992. Item 545 adds a note to refer readers to section
33A of the Acts Interpretation Act.

Do Not
Call Register Act 2006

Item 547
- Section 4 (definition of organisation )
(note)

499. The note
to subsection 4 refers to the definition of ‘person’ in
paragraph 22(1)(a) of the Acts Interpretation Act. This
definition is being moved to new subsection 2C(1) by item 4 of
Schedule 1 to this Bill, so this amendment updates the
cross-references.

Education
Services for Overseas Students Act 2000

Item 548
- Subsection 52(1)

500. This item
removes the number (1) from subsection 52(1) because item 550
repeals subsection 52(2), therefore the text that is currently in
subsection 52(1) will become the only text in this
section.

Item 549
- At the end of subsection 52(1)

501. Subsection
52(1) deals with acting Fund Manager appointments. A note is
being added to refer readers to the acting appointment provisions
contained in section 33A of the Acts Interpretation
Act.

Item 550
- Subsection 52(2)

502. This item
repeals subsection 52(2) which specifies certain conditions when
actions taken will not be invalid. This is a rule that is
being added by section 33AB of the Acts Interpretation Act (see
item 75 of Schedule 1 to this Bill) and therefore does not
need to be repeated in the Education Services for Overseas
Students Act 2000 . Item 549 adds a note to refer readers
to section 33A of the Acts Interpretation Act.

Environment
Protection and Biodiversity Conservation Act
1999

Item 551
- Subsection 25A(1) (note)

Item 552
- Subsection 28AA(1) (note)

503. The notes
in subsection 25A(1) and subsection 28AA(1) of the Environment
Protection and Biodiversity Conservation Act 1999 both contain
references to subsection 46(2) of the Acts Interpretation
Act. That subsection was repealed by the Legislative
Instruments (Transitional Provisions and Consequential Amendments)
Act 2003 and therefore the cross-references are being replaced
with references to subsection 13(3) of the Legislative
Instruments Act 2003 .

Item 553
- Section 170D

504. Section
170D cross-references the definition of ‘business day’
in section 528 of the Environment Protection and Biodiversity
Conservation Act 1999 . Item OB3C repeals the definition,
therefore the cross-reference is being removed by this
item.

Item 554
- Subsection 303FRA(4) (definition of
modifications )

505. The
definition of modifications in subsection 303FRA(4) of the
Environment Protection and Biodiversity Conservation Act
1999 is being repealed because a definition is being included
in new section 2B of the Acts Interpretation Act (see item 4
of Schedule 1). The meaning remains the
same.

Item 555
- Subsection 324N(3)

506. Subsection
324N(3) of the Environment Protection and Biodiversity
Conservation Act 1999 defines modifications. The
subsection is being repealed because a definition is being included
in new section 2B of the Acts Interpretation Act (see item 4
of Schedule 1). The meaning remains the
same.

Item 556
- Subsection 341N(3)

507. Subsection
341N(3) of the Environment Protection and Biodiversity
Conservation Act 1999 defines modifications. The
subsection is being repealed because a definition is being included
in new section 2B of the Acts Interpretation Act (see item 4
of Schedule 1). The meaning remains the
same.

Item 557
- Subsection 350(7) (note)

508. The note
in subsection 350(7) refers to the definition of
‘estate’ in section 22 of the Acts Interpretation
Act. This definition is being moved to new section 2B (see
item 4 of Schedule 1), therefore the cross-reference is being
updated.

Item 558
- Subsection 380(1A)

509. Subsection
380(1A) of the Environment Protection and Biodiversity
Conservation Act 1999 refers to subsection 33(4A) of the Acts
Interpretation Act. Schedule 1 to this Bill moves the content
of subsection 33(4A) to new section 33AA (see item 75), so
this item updates the cross-reference.

Item 559
- Subsection 449BB(5)

510. Subsection
449BB(5) of the Environment Protection and Biodiversity
Conservation Act 1999 defines modifications. The
subsection is being repealed because a definition is being included
in new section 2B of the Acts Interpretation Act (see item 4
of Schedule 1). The meaning remains the
same.

Item 560
- At the end of subsection 514G(1)

511. Subsection
514G(1) of the Environment Protection and Biodiversity
Conservation Act 1999 deals with acting Director
appointments. A note is being added to refer readers to the
acting appointment provisions contained in section 33A of the Acts
Interpretation Act.

Item 561
- Subsection 514G(3)

512. This item
repeals subsection 514G(3) which specifies certain conditions when
actions taken will not be invalid. This is a rule that is
being added by section 33AB of the Acts Interpretation Act (see
item 75 of Schedule 1 to this Bill) and therefore does not
need to be repeated in the Environment Protection and
Biodiversity Conservation Act 1999. Item 560 adds a note
to refer readers to section 33A of the Acts Interpretation
Act.

Item 562
- Section 528 (definition of business
day )

513. The
definition of business day in section 528 of the Environment
Protection and Biodiversity Conservation Act 1999 is being
repealed because a definition is being included in new section 2B
of the Acts Interpretation Act (see item 4 of Schedule
1). The only difference in meaning will be that a bank
holiday is currently specified not to be a business day, whereas
this will not be the case under the new definition in the Acts
Interpretation Act.

514. The
definition of ‘exclusive economic zone’ in paragraph
(c) of the definition of ‘Australian waters’ in
subsection 4(1) of the Environment Protection (Sea Dumping) Act
1981 defines this to mean ‘within the meaning of the
Seas and Submerged Lands Act 1973 ’. Item 4
of Schedule 1 to this Bill inserts a new definition of
‘exclusive economic zone’ in new section 2B of the
Acts Interpretation Act with the same meaning, so the words do not
need to be repeated in the Environment Protection (Sea Dumping)
Act 1981 and are therefore being removed.

Item 564
- Subsection 4(1) (definition of continental
shelf )

515. The
definition of continental shelf in subsection 4(1) of the
Environment Protection (Sea Dumping) Act 1981 is being
repealed because a definition of continental shelf is being
included in the Acts Interpretation Act that will apply (see item 4
of Schedule 1). The meaning remains the
same.

Item 565
- Subsection 4(1) (definition of territorial
sea )

516. The
definition of territorial sea in subsection 4(1) of the
Environment Protection (Sea Dumping) Act 1981 is being
repealed because a definition of territorial sea is being included
in the Acts Interpretation Act that will apply (see item 4 of
Schedule 1). The meaning remains the
same.

Evidence
Act 1995

Item 566
- After subsection 3(1)

517. The
dictionary to the Evidence Act 1995 appears at the end of
the Act, that is, after the Schedule. Item 22 of
Schedule 1 to this Bill amends section 13 of the Acts
Interpretation Act which deals with what material is part of an Act
and provides that all material from and including the first section
of an Act to the end of the last Schedule to the Act is part of the
Act. This amendment clarifies that the dictionary to the
Evidence Act is part of the Act so that there is no doubt created
by the amendments to section 13.

Excise
Tariff Act 1921

Item 567
- Paragraph 3(6)(b)

518. This item
updates a reference to ‘Australian Standard AS/NZS
1960.1:1995’ in the Excise Tariff Act 1921 to reflect
the new rule for interpreting Australian Standards numbers in the
Acts Interpretation Act (see new section 2L inserted by
item 4 of Schedule 1 to this Bill).

Item 568
- The Schedule (definition of territorial
sea )

519. The
definition of ‘territorial sea’ in the Schedule to the
Excise Tariff Act 1921 is being repealed because a
definition of ‘territorial sea’ is being included in
the Acts Interpretation Act that will apply (see item 4 of Schedule
1). The meaning remains the same.

Export
Control Act 1982

Item 569
- Section 3 (definition of document )

520. The
definition of ‘document’ in section 3 of the Export
Control Act 1982 is being repealed so that the new definition
of document in section 2B of the Acts Interpretation Act applies
(see item 4 of Schedule 1).

Export
Finance and Insurance Corporation Act 1991

Item 570
- At the end of subsection 38(1)

521. Subsection
38(1) deals with acting Chairperson arrangements. A note is
being added to refer readers to the acting appointment provisions
contained in section 33A of the Acts Interpretation
Act.

Item 571
- At the end of subsection 38(2)

522. Subsection
38(2) deals with acting Deputy Chairperson appointments. A
note is being added to refer readers to the acting appointment
provisions contained in section 33A of the Acts Interpretation
Act.

Item 572
- Subsections 38(4) and (5)

523. Subsections
38(4) and (5) are being repealed because they repeat rules found in
section 33A of the Acts Interpretation Act (as amended by
item 76 of Schedule 1 to this Bill). Item 571 adds a
note so readers are aware of section 33A of the Acts Interpretation
Act.

Item 573
- At the end of subsections 39(1) and (2)

524. Subsections
39(1) and (2) deal with acting member appointments. Notes are
being added to refer readers to the acting appointment provisions
contained in section 33A of the Acts Interpretation
Act.

Item 574
- Subsection 39(3)

525. This item
repeals subsection 39(3) which specifies certain conditions when
actions taken will not be invalid. This is a rule that is
being added by section 33AB of the Acts Interpretation Act (see
item 75 of Schedule 1 to this Bill) and therefore does not
need to be repeated in the Export Finance and Insurance
Corporation Act 1991 . Item 573 adds notes to refer
readers to section 33A of the Acts Interpretation
Act.

Item 575
- At the end of subsection 79(1)

526. Subsection
79(1) deals with acting Managing Director arrangements. A
note is being added to refer readers to the acting appointment
provisions contained in section 33A of the Acts Interpretation
Act.

Item 576
- At the end of subsection 79(2)

527. Subsection
79(2) deals with acting Deputy Managing Director
appointments. A note is being added to refer readers to the
acting appointment provisions contained in section 33A of the Acts
Interpretation Act.

Item 577
- Subsections 79(3) and (4)

528. Subsections
79(3) and (4) are being repealed because they repeat rules found in
section 33A of the Acts Interpretation Act (as amended by
item 76 of Schedule 1 to this Bill). Items 575 and 576
add notes so readers are aware of section 33A of the Acts
Interpretation Act.

Export
Market Development Grants Act 1997

Item 578
- Subsection 33(2) (note 1)

Item 579
- Subsection 37(1) (note 1)

529. These
notes refer to the definition of ‘foreign country’ in
section 22 of the Acts Interpretation Act. This definition is
being moved to new section 2B (see item 4 of Schedule 1), therefore
the cross-references are being updated.

Item 580
- Section 87B (note)

Item 581
- Subsection 87C(1) (note)

530. These
notes refer to the definitions of ‘external Territory’
and ‘foreign country’ in sections 17 and 22 of the Acts
Interpretation Act respectively. These definitions are being
moved to new section 2B (see item 4 of Schedule 1), therefore the
cross-references are being updated.

Item 582
- Subsection 107(1) (definition of person )
(note)

531. This note
refers to the definition of ‘person’ in section 22 of
the Acts Interpretation Act. This definition is being moved
to new subsection 2C(1) by item 4 of Schedule 1 to this Bill,
so this amendment updates the cross-reference.

Fair Work
(Registered Organisations) Act 2009

Item 583
- Subsection 343A(3) (note)

532. This note
refers to the definitions of ‘SES employee’ and
‘acting SES employee’ in section 17AA of the Acts
Interpretation Act. Item 4 of Schedule 1 to this Bill moves
these definitions to new section 2B, so this item updates the
cross-reference.

Family Law
Act 1975

Item 584
- Subsection 38M(1)

533. This item
removes the number (1) from subsection 38M(1) because item 586
repeals subsections 38M(2) and (3), therefore the text that is
currently in subsection 38M(1) will become the only text in this
section.

Item 585
- At the end of subsection 38M(1)

534. Subsection
38M(1) deals with acting Chief Executive Officer
appointments. A note is being added to refer readers to the
acting appointment provisions contained in section 33A of the Acts
Interpretation Act.

Item 586
- Subsections 38M(2) and (3)

535. Subsections
38M(2) and (3) are being repealed because they repeat rules found
in section 33A of the Acts Interpretation Act (as amended by
item 76 of Schedule 1 to this Bill). Item 585 adds a
note so readers are aware of section 33A of the Acts Interpretation
Act.

Item 587
- Paragraph 60EA(a)

536. This
paragraph refers to the definition of ‘registered
relationship’ in section 22B of the Acts Interpretation
Act. Item 4 of Schedule 1 to this Bill moves this definition
to new section 2E, so this item updates the
cross-reference.

Item 588
- Section 90MD (definition of business
day )

537. The
definition of business day in section 90MD of the Family Law Act
1975 is being repealed because a definition of business day is
being included in the Acts Interpretation Act that will apply (see
item 4 of Schedule 1). The meaning remains the
same.

Item 589
- Subsection 114D(1) (note)

538. The note
to subsection 114D(1) of the Family Law Act 1975 refers to
subsection 33(4A) of the Acts Interpretation Act. Schedule 1
to this Bill moves the content of subsection 33(4A) to new section
33AA (see item 75), so this item updates the
cross-reference.

Item 590
- Subsection 114F(1)

539. This item
removes the number (1) from subsection 114F(1) because item 592
repeals subsection 114F(2), therefore the text that is currently in
subsection 114F(1) will become the only text in this
section.

Item 591
- At the end of subsection 114F(1)

540. Subsection
114F(1) of the Family Law Act 1975 deals with acting
Director appointments. This item adds a note referring
readers to section 33A of the Acts Interpretation Act.

Item 592
- Subsection 114F(2)

541. This item
repeals subsection 114F(2) which specifies certain conditions when
actions taken will not be invalid. This is a rule that is
being added by section 33AB of the Acts Interpretation Act (see
item 75 of Schedule 1 to this Bill) and therefore does not
need to be repeated in the Family Law Act 1975. Item
591 adds a note to subsection 114F(1) to refer readers to section
33A of the Acts Interpretation Act.

Federal
Court of Australia Act 1976

Item 593
- Subsection 18M(1)

542. This item
removes the number (1) from subsection 18M(1) because item 595
repeals subsections 18M(2) and (3), therefore the text that is
currently in subsection 18M(1) will become the only text in this
section.

Item 594
- At the end of subsection 18M(1)

543. Subsection
18M(1) deals with acting Registrar appointments. A note is
being added to refer readers to the acting appointment provisions
contained in section 33A of the Acts Interpretation
Act.

Item 595
- Subsections 18M(2) and (3)

544. Subsections
18M(2) and (3) are being repealed because they repeat rules found
in section 33A of the Acts Interpretation Act (as amended by
item 76 of Schedule 1 to this Bill). Item 594 adds a
note so readers are aware of section 33A of the Acts Interpretation
Act.

Item 596
- Subsection 23EG(4) (note)

545. This item
repeals the note at the end of subsection 23EG(4) because it refers
to subsection 46(3) of the Acts Interpretation Act which is
repealed by item 106 of Schedule 1.

Federal
Financial Relations Act 2009

Item 597
- Subsection 23(1) (note)

546. This note
refers to the definitions of ‘SES employee’ and
‘acting SES employee’ in section 17AA of the Acts
Interpretation Act. Item 4 of Schedule 1 to this Bill moves
these definitions to new section 2B, so this item updates the
cross-references.

Federal
Magistrates Act 1999

Item 598
- Paragraph 9E(7)(ba) of Schedule 1

547. This
paragraph refers to the definition of ‘registered
relationship’ in section 22B of the Acts Interpretation
Act. Item 4 of Schedule 1 to this Bill moves this definition
to new section 2E, so this item updates the
cross-reference.

Item 599
- Subclause 10(1) of Schedule 1 (note)

548. Subclause
10(1) of Schedule 1 of the Federal Magistrates Act 1999
deals with acting Chief Federal Magistrate appointments.
There is currently a note referring readers to section 33A of the
Acts Interpretation Act, but this is being updated for consistency
with notes of this kind in other Commonwealth
Acts.

Item 600
- Subclause 10(2) of Schedule 1

549. This item
repeals subclause 10(2) of Schedule 1 which specifies certain
conditions when actions taken will not be invalid. This is a
rule that is being added by section 33AB of the Acts Interpretation
Act (see item 75 of Schedule 1 to this Bill) and therefore
does not need to be repeated in the Federal Magistrates Act
1999. Item 599 adds a note to refer readers to section
33A of the Acts Interpretation Act.

Item 601
- Subclause 9(1) of Schedule 2

550. This item
removes the number (1) from subclause 9(1) because item 603 repeals
subclause 9(2), therefore the text that is currently in subclause
9(1) will become the only text in this section.

Item 602
- Subclause 9(1) of Schedule 2 (note)

551. Subclause
9(1) of Schedule 2 of the Federal Magistrates Act 1999 deals
with acting Chief Executive Officer appointments. There is
currently a note referring readers to section 33A of the Acts
Interpretation Act, but this is being updated for consistency with
notes of this kind in other Commonwealth Acts.

Item 603
- Subclause 9(2) of Schedule 2

552. This item
repeals subclause 9(2) of Schedule 2 which specifies certain
conditions when actions taken will not be invalid. This is a
rule that is being added by section 33AB of the Acts Interpretation
Act (see item 75 of Schedule 1 to this Bill) and therefore
does not need to be repeated in the Federal Magistrates Act
1999. Item 602 adds a note to refer readers to section
33A of the Acts Interpretation Act.

Financial
Management and Accountability Act 1997

Item 604
- Subsection 58(2) (definition of
modifications )

553. The
definition of modifications in subsection 58(2) of the Financial
Management and Accountability Act 1997 is being repealed
because a definition of modifications is being included in new
section 2B of the Acts Interpretation Act (see item 4 of
Schedule 1). The meaning remains the same.

Item 605
- Saving of regulations

554. This
provision ensures that any regulations in force immediately prior
to the commencement of the amendment made by item 604 are not
impacted by the amendment and continue to be in force.

Fisheries
Administration Act 1991

Item 606
- Subsection 14(1)

555. This item
removes the number (1) from subsection 14(1) because item 608
repeals subsection 14(2), therefore the text that is currently in
subsection 14(1) will become the only text in this
section.

Item 607
- At the end of subsection 14(1)

556. Subsection
14(1) deals with acting Chief Executive Officer appointments.
A note is being added to refer readers to the acting appointment
provisions contained in section 33A of the Acts Interpretation
Act.

Item 608
- Subsection 14(2)

557. This item
repeals subsection 14(2) which specifies certain conditions when
actions taken will not be invalid. This is a rule that is
being added by section 33AB of the Acts Interpretation Act (see
item 75 of Schedule 1 to this Bill) and therefore does not
need to be repeated in the Fisheries Administration Act
1991. Item 607 adds a note to refer readers to section
33A of the Acts Interpretation Act.

Item 609
- Subsection 61(1)

558. This item
removes the number (1) from subsection 61(1) because item 613
repeals subsection 61(2), therefore the text that is currently in
subsection 61(1) will become the only text in this
section.

Item 610
- Paragraph 61(1)(b)

559. This item
replaces the semicolon after the word ‘office’ with a
full stop because item 611 removes the text that currently
follows the word ‘office’.

Item 611
- Subsection 61(1)

560. Subsection
61(1) provides that ‘but a person appointed to act during a
vacancy shall not continue so to act for more than 12
months’. This is a rule set out in existing paragraph
33A(1)(ba) of the Acts Interpretation Act, which provides that
‘where the appointment is to act in a vacant office, the
appointee must not continue to act in the office for more than 12
months’. Therefore this rule does not need to be
repeated in the Fisheries Administration Act 1991 and due to
the note added by item 612, readers will know to refer to section
33A of the Acts Interpretation Act.

Item 612
- At the end of subsection 61(1)

561. Subsection
61(1) deals with acting Chairperson of a management advisory
committee appointments. A note is being added to refer
readers to the acting appointment provisions contained in section
33A of the Acts Interpretation Act.

Item 613
- Subsection 61(2)

562. This item
repeals subsection 61(2) which specifies certain conditions when
actions taken will not be invalid. This is a rule that is
being added by section 33AB of the Acts Interpretation Act (see
item 75 of Schedule 1 to this Bill) and therefore does not
need to be repeated in the Fisheries Administration Act
1991. Item 612 adds a note to refer readers to section
33A of the Acts Interpretation Act.

Item 614
- Subsection 103(1)

563. This item
removes the number (1) from subsection 103(1) because item 618
repeals subsection 103(2), therefore the text that is currently in
subsection 103(1) will become the only text in this
section.

Item 615
- Paragraph 103(1)(b)

564. This item
replaces the semicolon after the word ‘office’ with a
full stop because item 616 removes the text that currently
follows the word ‘office’.

Item 616
- Subsection 103(1)

565. Subsection
103(1) provides that ‘but a person appointed to act during a
vacancy shall not continue so to act for more than 12
months’. This is a rule set out in existing paragraph
33A(1)(ba) of the Acts Interpretation Act, which provides that
‘where the appointment is to act in a vacant office, the
appointee must not continue to act in the office for more than 12
months’. Therefore this rule does not need to be
repeated in the Fisheries Administration Act 1991 and due to
the note added by item 617, readers will know to refer to section
33A of the Acts Interpretation Act.

Item 617
- At the end of subsection 103(1)

566. Subsection
103(1) deals with acting Chairperson appointments. A note is
being added to refer readers to the acting appointment provisions
contained in section 33A of the Acts Interpretation
Act.

Item 618
- Subsection 103(2)

567. This item
repeals subsection 103(2) which specifies certain conditions when
actions taken will not be invalid. This is a rule that is
being added by section 33AB of the Acts Interpretation Act (see
item 75 of Schedule 1 to this Bill) and therefore does not
need to be repeated in the Fisheries Administration Act
1991. Item 617 adds a note to refer readers to section
33A of the Acts Interpretation Act.

Fisheries
Management Act 1991

Item 619
- Subsection 4(1) (definition of continental
shelf )

Item 620
- Subsection 4(1) (definition of exclusive economic
zone )

Item 621
- Subsection 4(1) (definition of territorial
sea )

568. These items
repeal the definitions of ‘continental shelf’,
‘exclusive economic zone’ and ‘territorial
sea’ from subsection 4(1) of the Fisheries Management Act
1991 . This is because definitions of all of these terms
are being included in the Acts Interpretation Act that will apply
(see item 4 of Schedule 1). The meaning remains the same in
all cases.

Item 622
- Subsection 128(1)

569. This item
removes the number (1) from subsection 128(1) because item 624
repeals subsection 128(2), therefore the text that is currently in
subsection 128(1) will become the only text in this
section.

Item 623
- At the end of subsection 128(1)

570. Subsection
128(1) deals with acting Principal Member appointments. A
note is being added to refer readers to the acting appointment
provisions contained in section 33A of the Acts Interpretation
Act.

Item 624
- Subsection 128(2)

571. This item
repeals subsection 128(2) which specifies certain conditions when
actions taken will not be invalid. This is a rule that is
being added by section 33AB of the Acts Interpretation Act (see
item 75 of Schedule 1 to this Bill) and therefore does not
need to be repeated in the Fisheries Management Act
1991. Item 623 adds a note to refer readers to section
33A of the Acts Interpretation Act.

Item 625
- Subsection 140(1)

572. This item
removes the number (1) from subsection 140(1) because item 627
repeals subsection 140(2), therefore the text that is currently in
subsection 140(1) will become the only text in this
section.

Item 626
- At the end of subsection 140(1)

573. Subsection
140(1) deals with acting Presiding Member appointments. A
note is being added to refer readers to the acting appointment
provisions contained in section 33A of the Acts Interpretation
Act.

Item 627
- Subsection 140(2)

574. This item
repeals subsection 140(2) which specifies certain conditions when
actions taken will not be invalid. This is a rule that is
being added by section 33AB of the Acts Interpretation Act (see
item 75 of Schedule 1 to this Bill) and therefore does not
need to be repeated in the Fisheries Management Act
1991. Item 626 adds a note to refer readers to section
33A of the Acts Interpretation Act.

Food
Standards Australia New Zealand Act 1991

Item 628
- Subsection 112(7) (definition of
modifications )

575. The
definition of modifications in subsection 112(7) of the Food
Standards Australia New Zealand Act 1991 is being repealed
because a definition is being included in new section 2B of the
Acts Interpretation Act (see item 4 of Schedule 1). The
meaning remains the same.

Item 629
- At the end of subsections 121(1) and (2)

576. Subsections
121(1) and (2) deal with acting Chairperson and member appointments
respectively. Notes are being added to refer readers to the
acting appointment provisions contained in section 33A of the Acts
Interpretation Act.

Item 630
- Subsection 121(3)

577. This item
repeals subsection 121(3) which specifies certain conditions when
actions taken will not be invalid. This is a rule that is
being added by section 33AB of the Acts Interpretation Act (see
item 75 of Schedule 1 to this Bill) and therefore does not
need to be repeated in the Food Standards Australia New Zealand
Act 1991. Item 629 adds notes to refer readers to section
33A of the Acts Interpretation Act.

Item 631
- Subsection 134(1)

578. This item
removes the number (1) from subsection 134(1) because item 633
repeals subsection 134(2), therefore the text that is currently in
subsection 134(1) will become the only text in this
section.

Item 632
- At the end of subsection 134(1)

579. Subsection
134(1) deals with acting Chief Executive Officer
appointments. A note is being added to refer readers to the
acting appointment provisions contained in section 33A of the Acts
Interpretation Act.

Item 633
- Subsection 134(2)

580. This item
repeals subsection 134(2) which specifies certain conditions when
actions taken will not be invalid. This is a rule that is
being added by section 33AB of the Acts Interpretation Act (see
item 75 of Schedule 1 to this Bill) and therefore does not
need to be repeated in the Food Standards Australia New Zealand
Act 1991. Item 632 adds notes to refer readers to section
33A of the Acts Interpretation Act.

Foreign
Proceedings (Excess of Jurisdiction) Act 1984

Item 634
- Subsection 3(1) (definition of
document )

581. The
definition of ‘document’ in subsection 3(1) of the
Foreign Proceedings (Excess of Jurisdiction) Act 1984 is
being repealed so that the new definition of document in section 2B
of the Acts Interpretation Act applies (see item 4 of Schedule
1).

Freedom
of Information Act 1982

Item 635
- Subsection 47J(1) (note)

582. The note
in subsection 47J(1) refers to the definition of
‘person’ in section 22 of the Acts Interpretation
Act. This definition is being moved to new subsection 2C(1)
(see item 4 of Schedule 1), therefore the cross-reference is being
updated.

Fringe
Benefits Tax (Application to the Commonwealth) Act
1986

Item 636
- Subsection 4(1)

583. This item
removes the number (1) from subsection 4(1) because item 637
repeals subsection 4(2), therefore the text that is currently in
subsection 4(1) will become the only text in this
section.

Item 637
- Subsection 4(2)

584. Subsection
4(2) of the Fringe Benefits Tax (Application to the
Commonwealth) Act 1986 provides a definition of
‘modifications’. Subsection 4(2) is being
repealed because a definition of ‘modifications’ is
being included in new section 2B of the Acts Interpretation Act
that will apply (see item 4 of Schedule 1). The meaning
remains the same.

Item 638
- Subsection 5(1)

585. This item
removes the number (1) from subsection 5(1) because item 639
repeals subsections 5(2), therefore the text that is currently in
subsection 5(1) will become the only text in this
section.

Item 639
- Subsection 5(2)

586. Subsection
5(2) of the Fringe Benefits Tax (Application to the
Commonwealth) Act 1986 provides a definition of
‘modifications’. Subsection 5(2) is being
repealed because a definition of ‘modifications’ is
being included in new section 2B of the Acts Interpretation Act
that will apply (see item 4 of Schedule 1). The meaning
remains the same.

Item 640
- Saving of regulations

587. This
provision ensures that any regulations in force immediately prior
to the commencement of the amendment made by item 639 are not
impacted by the amendment and continue to be in force.

Fringe
Benefits Tax Assessment Act 1986

Item 641
- Subsection 135T(4)

588. Subsection
135T(4) of the Fringe Benefits Tax Assessment Act 1986
provides a definition of ‘modifications’.
Subsection 135T(4) is being repealed because a definition of
‘modifications’ is being included in new section 2B of
the Acts Interpretation Act that will apply (see item 4 of
Schedule 1). The meaning remains the same.

Item 642
- Subsection 136(1) (definition of business
day )

589. The
definition of business day in subsection 136(1) of the Fringe
Benefits Tax Assessment Act 1986 is being repealed because a
definition is being included in new section 2B of the Acts
Interpretation Act that will apply (see item 4 of Schedule
1). The meaning remains the same.

Future
Fund Act 2006

Item 643
- Section 5 (definition of person )
(note)

590. This note
refers to the definition of ‘person’ in paragraph
22(1)(a) of the Acts Interpretation Act. This definition is
being moved to new subsection 2C(1) by item 4 of Schedule 1 to
this Bill, so this amendment updates the
cross-reference.